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SUTHERLAND v. THERING SALES AND SERVICE, INC.

38 A.D.3d 967 (2007)

830 N.Y.S.2d 833

DAVID C. SUTHERLAND, Respondent, v. THERING SALES AND SERVICE, INC., Appellant.

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

Decided March 1, 2007.

Cardona, P.J.

Plaintiff was the owner of Chapel Bank Farm, a dairy farm located in the Village of Hobart, Delaware County, which included a two-story milk house and adjoining barn. As relevant herein, the milk house contained a motorized milking and pump system. Early in the morning of May 24, 2004, plaintiff discovered that the milking system was not operational and requested a service call from defendant, a repair service with expertise in milking systems whose...

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