DAVIS v. MALONEY


49 A.D.3d 385 (2008)

854 N.Y.S.2d 355

TERRY DAVIS, Respondent, v. FRANCES M. MALONEY, Appellant.

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

Decided March 13, 2008.


Plaintiff sustained personal injuries while working on a barn owned by defendant and located on a parcel adjacent to that on which defendant's one-family dwelling is located. Conflicting evidence as to whether the two parcels were separated by a fence and whether the barn was accessible only from a neighbor's road raise an issue of fact, improperly resolved by the motion court in plaintiff's favor, as to whether the barn should be considered part of the dwelling for purposes...

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