Fifty-Hour Pro Bono Requirement Research Assignment: Neighboring Tree Damage

Overview

This role is a research assignment connected to a 50-hour pro bono service requirement for admission to the New York State Bar, pursuant to Rule 520.16 of the Rules of the Court of Appeals. Applicants who successfully pass the New York State bar examination must demonstrate that they have performed 50 hours of qualifying pro bono service before applying for admission to practice. The 50 hours do not need to be completed before a law student applies to take the New York State examination, but must be completed before filing an application for admission.

This assignment involves researching New York law and submitting a Legal Memorandum.

Responsibilities

Research and prepare an objective legal analysis (not a persuasive argument) addressing the following issues under New York case law:

• What relief (monetary and/or equitable) is available for damage to the siding and roof of the house.
• What relief (monetary and/or equitable) is available for foundation damage caused by the roots of the tree.
• Whether the neighboring homeowner can be compelled to remove the tree, even though it is their property, where the client cannot be made whole unless the tree is removed. Include research for monetary and equitable relief (this matter will not be brought in small claims court).
• Whether there are cases that distinguish between root damage and damages from branches.

Factual Background for the Research

A client in the City of Buffalo, NY has a home that sits directly on or very close to the property line. A large, mature tree on the neighboring property is immediately adjacent to the client’s home and is causing damage to the siding, roof, gutters, and foundation. The client believes the damage cannot be fully remedied unless the tree is removed.

Deliverable

• Submit the research as a Legal Memorandum.

Requirements

• Access to Lexis or Westlaw (the organization will not provide access to legal research software).
• Artificial Intelligence is strictly prohibited for this research assignment.
• Ability to complete the assignment remotely.
• Estimated time commitment: approximately 10–15 hours.

Compensation & Benefits

• This opportunity supports fulfillment of the 50-hour pro bono service requirement for New York State Bar admission.

Location

• Remote work is permitted.
• The factual matter involves a client in the City of Buffalo, NY.