Randall v. McGrath

Mercure, J.P.

Appeal from an order of the Supreme Court (Ceresia, Jr., J.), entered June 12, 2007 in Rensselaer County, which, among other things, granted plaintiffs motion for summary judgment.

Plaintiff commenced this action to recover possession of a John Deere track loader from defendant, who contends that plaintiffs deceased husband (hereinafter decedent) gave the piece of equipment to him on August 14, 2002. According to defendant, while he and decedent toured decedent’s property that day, the pair spotted the track loader out in a held, sitting in disrepair. When defendant inquired about…