MACEY v. TRUMAN


70 N.Y.2d 918 (1987)

Gregg Macey et al., Respondents, v. Charles Truman, Appellant.

Court of Appeals of the State of New York.

Decided December 23, 1987.


Attorney(s) appearing for the Case

Donald G. Sweeney and Carl A. Kieper for appellant.

Kevin F. McDonough for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's motion for summary judgment granted and the complaint dismissed, with costs.

Defendant permitted plaintiff, Greg Macey, and two others entry onto his land to cut certain trees which had been marked for removal for plaintiff's use in building a log cabin. The accident out of which this action arose occurred when a marked tree felled by...

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