The family of a Queens man crushed to death when a tree fell on his Flushing home during Hurricane Sandy is preparing to take legal action against New York City, claiming that the tree never should have been planted outside the house in the first place and had been carelessly maintained over the years.

Manhattan solo Rosemarie Arnold, representing the parents and brother of Anthony Laino, filed a notice of claim against the city and its parks department on Jan. 2.