Stanton v. Pomfrey

Hayes and Balio, JJ.

(dissenting). We respectfully dissent. Supreme Court erred in granting defendant’s motion for sum*817mary judgment dismissing the complaint. While repaving the driveway of defendant’s home, Shy Stanton (plaintiff) and his fellow workers encountered a nest of. bees located close to the driveway. The evidence, viewed in the light most favorable to the nonmoving party (see, Greco v Boyce, 262 AD2d 734; Krampen v Foster, 242 AD2d 913, 914), establishes that defendant provided plaintiffs supervisor with a can of insect spray; that plaintiff sprayed some of the contents of the can…