Smith v. Curtis Lumber Co.

Appeal from an order of the Supreme Court (Keniry, J.), entered January 29, 1991 in Rensselaer County, which denied defendant’s motion for summary judgment dismissing the complaint.

The issue confronting us on this appeal is whether Supreme Court erred in denying defendant’s motion for summary judgment when plaintiffs theory of recovery was based on the premise that defendant was negligent and liable for plaintiffs injuries resulting from a fall in defendant’s lumberyard in that defendant failed to assist plaintiff in loading planks of lumber it had sold to him.

Plaintiff was injured in…