GRISANTI v. PINE HILL CONCRETE MIX CORP.


207 A.D.2d 958 (1994)

616 N.Y.S.2d 828

Martin Grisanti et al., Respondents, v. Pine Hill Concrete Mix Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 30, 1994


Order unanimously affirmed without costs.

Memorandum:

The parties are adjoining property owners. On June 2, 1991, Martin Grisanti (plaintiff) heard screams of children emanating from a sand and gravel pit (the pit) located on defendant's property. He entered defendant's property to investigate the reason for those screams. He climbed upon a berm constructed by defendant around the west side of the pit and ascertained that no one needed any assistance. Plaintiff...

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