CROSSETT v. SCHOFELL


256 A.D.2d 881 (1998)

681 N.Y.S.2d 819

KENNETH M. CROSSETT et al., Respondents, v. CHARLES SCHOFELL, Appellant.

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

Decided December 17, 1998.


White, J.

On August 21, 1995, defendant, the owner of a dairy farm located in the Town of Lisbon, St. Lawrence County, was forced to stop filling his silo with haylage when the fill pipe plugged up and became inoperable. To correct this problem, defendant retained plaintiff Kenneth M. Crossett (hereinafter plaintiff) who, to make the repair, had to climb a steel ladder affixed to the silo adjacent to the fill pipe. It appears that as plaintiff was reinstalling the...

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