Macey v. Truman

Appeal from an order of the Supreme Court at Special Term (Smyk, J.), entered November 6, 1985 in Broome County, which partially denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiff Gregg Macey (hereinafter plaintiff) and his wife brought this negligence action against defendant to recover for injuries sustained by plaintiff in an accident on defen*865dant’s property which occurred while plaintiff was cutting down trees. Prior to the accident, plaintiff had approached defendant to inquire whether he would sell some of the red pine trees on his lot to plaintiff.…