Boyles v. Petrucelli

MEMORANDUM DECISION and ORDER

PARKER, District Judge.

BACKGROUND

This diversity action to recover damages for personal injuries sustained due to defendant’s negligence is before this Court on defendant’s motion for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure. Defendant Lonnie Petru*1201eelli, a resident of Ohio, is the owner of two houses on DeWitt Flats Road in Youngsville, N.Y. From November 1985 until November 1987, plaintiffs Richard and Tyrie Lyn Boyles leased the smaller of the two houses from Petrucelli pursuant to written lease agreements. Thereafter, until…