Stanton v. Pomfrey

*827OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff, who was part of a crew blacktopping the driveway at defendant’s home, fell and sustained injuries while running from a beehive, after an unsuccessful attempt to kill the bees with “bug spray” provided by defendant. The trial court granted summary judgment to defendant, dismissing the complaint, and a divided Appellate Division affirmed for reasons stated by the Trial Justice. This appeal is before us as a matter of right based on a two-Judge dissent (see, CPLR 5601 [a]). We agree with…