MAIORANI v. ADESA CORPORATION

2009-04373.

83 A.D.3d 669 (2011)

921 N.Y.S.2d 255

JOHN MAIORANI, Appellant, v. ADESA CORPORATION, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 5, 2011.


Ordered that the judgment is reversed, on the law, on the facts, and in the exercise of discretion, with costs, and the matter is remitted to the Supreme Court, Richmond County, for a new trial.

On May 23, 2002, the plaintiff attended a car auction conducted by the defendant, Adesa Corporation, at its property in Manville, New Jersey. The defendant's property, covering 164 acres, was protected by an electrified fence capable of producing 7,000 volts. The fence's electric...

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