METZGIER v. MILLER

CA 11-00394.

87 A.D.3d 1409 (2011)

930 N.Y.S.2d 516

2011 NY Slip Op 6804

MICHAEL METZGIER, Respondent, v. ABE A. MILLER, Appellant.

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

Decided September 30, 2011.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, defendant's motion is granted, and the complaint is dismissed.

Memorandum: Plaintiff commenced this action seeking damages for injuries he allegedly sustained while operating an all-terrain vehicle (ATV) on defendant's property when he struck a single strand of barbed wire fencing that defendant had strung between two trees on the property. At the time of the accident...

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