STICKLES v. FULLER


9 A.D.3d 599 (2004)

780 N.Y.S.2d 649

TRACY STICKLES, as Administrator of the Estate of PETER STICKLES, Deceased, Respondent, v JAMES FULLER et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

July 1, 2004.


LAHTINEN, J.

The liability of an out-of-possession landlord and the doctrine of assumption of the risk are among the disputed issues in this lawsuit arising from the death of a farm worker from toxic gas produced by fermenting high-moisture corn in a silo. Plaintiff's decedent worked at a farm in Columbia County owned by defendants James Fuller and Nancy Fuller Brusie (hereinafter collectively referred to as the Fullers) that was leased to and operated by third-party...

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