Legal Opinion

Collins v. Petroski

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1989PublishedCited by 8 opinions

1Opinion of the Court

— Mahoney, P. J.

Appeal from an order of the Supreme Court (Brown, J.), entered October 26, 1988 in Saratoga County, which granted defendant’s motion for summary judgment dismissing the complaint.

In early April 1986, defendant approached plaintiff, his neighbor, to borrow climbing spurs and other related equipment for the purpose of cutting limbs from trees on his property. Rather than lend such equipment to defendant, plaintiff offered to do the work himself, indicating that he had prior experience in using his equipment and, further, that on several occasions he had climbed to heights of 35…

2Cases cited2 opinions

  1. Basso v. MillerNew York Court of Appeals · 1976
  2. Macey v. TrumanNew York Court of Appeals · 1987

3Cited by8 opinions

  1. Lichtenthal v. St. Mary's ChurchAppellate Division of the Supreme Court of the State of New York · 1990
  2. Jarvis v. EastmanAppellate Division of the Supreme Court of the State of New York · 1994
  3. Farley v. SmithAppellate Division of the Supreme Court of the State of New York · 1991
  4. Mattes v. JosephAppellate Division of the Supreme Court of the State of New York · 2001
  5. Carmichael v. FaxonAppellate Division of the Supreme Court of the State of New York · 1999

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