DECKER v. SMITH


217 A.D.2d 776 (1995)

629 N.Y.S.2d 313

Lawrence Decker et al., Appellants, v. Kenneth Smith et al., Respondents

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

July 13, 1995


Mercure, J.

Plaintiff Lawrence Decker (hereinafter plaintiff) sustained the injuries forming the basis for this action when he slipped and fell on a macadam driveway while delivering feed to a dairy farm owned by defendant Harold L. Herbert and operated by defendant Kenneth Smith. Following joinder of issue and discovery, defendants moved for summary judgment dismissing the complaint. Supreme Court granted the motion and plaintiffs now appeal.

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