Albers v. Curpier

Appeal from an order of the Supreme Court (Dowd, J.), entered January 24, 2005 in Otsego County, which granted a motion by defendant Brian Curpier for summary judgment dismissing the complaint against him.

On March 25, 2003, Edward Albers, plaintiffs father, and defendant Gerald Brown, owner of Aviation Services, an aircraft repair company doing business from the Oneonta Municipal Airport operated by defendant Brian Curpier, doing business as *1083Clipper Aviation, were flying plaintiff’s 1965 Maulé M4-210 aircraft to Cincinnati when they observed a crack in its tail wheel. They aborted their plan…