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STANTON v. POMFREY

95 N.Y.2d 826 (2000)

734 N.E.2d 749

712 N.Y.S.2d 437

SHY STANTON et al., Appellants, v. ROBERT POMFREY, Respondent.

Court of Appeals of the State of New York.

Decided June 29, 2000.

Attorney(s) appearing for the Case

Shanley Law Offices, Oswego (P. Michael Shanley of counsel), for appellants.

Costello, Cooney & Fearon, L. L. P., Syracuse (Vincent A. O'Neil of counsel), for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff, who was part of a crew blacktopping the driveway at defendant's home, fell and sustained injuries while running from a beehive, after an unsuccessful attempt to kill the bees with "bug spray" provided by defendant. The trial court granted summary judgment to defendant, dismissing the complaint...

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