Stickles v. Fuller
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLahtinen, J.
Appeal from an order of the Supreme Court (Con-nor, J.), entered January 20, 2004 in Columbia County, which, inter alia, denied certain defendants’ motions for summary judgment dismissing the complaint against them.
The liability of an out-of-possession landlord and the doctrine of assumption of the risk are among the disputed issues in this lawsuit arising from the death of a farm worker from toxic gas produced by fermenting high-moisture corn in a silo. Plaintiffs decedent worked at a farm in Columbia County owned by defendants James Fuller and Nancy Fuller Brusie (hereinafter collectively…
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