In Hilliard v. Town of Greenburgh (301 A.D.2d 572 [2nd Dept 2003], a decayed tree fell upon a town highway killing one and injuring the other occupant of a vehicle traveling the highway. The Appellate Division denied the Town's motion for summary judgment seeking to dismiss the negligence claim, finding an issue of fact whether the Town has constructive notice of the decayed tree. In doing so, the court reaffirmed the common law rule that "'the duty of a municipality to maintain its roadways in a reasonably safe condition extends to trees which are adjacent to the road and which could reasonably be expected to pose a danger to travelers'"( id at 572.)