Ricci v. Doherty

Appeal from an order of the Supreme Court (Connor, J.), entered August 1, 1994 in Ulster County, which, inter alia, granted defendant Ann Doherty’s motion for summary judgment dismissing the complaint against her.

Defendant Ann Doherty (hereinafter defendant) owned property located in the Town of Fishkill, Dutchess County. On May 18, 1991, defendant’s son, defendant Kevin Doherty (hereinafter Doherty), removed an existing carport from defendant’s home. In so doing, Doherty had to remove the 4-inch by 4-inch posts that supported the patio roof. Defendant observed Doherty remove the outer posts…