Persons v. Cross

— Mikoll, J.

Appeal from an order of the Supreme Court (Conway, J.), entered December 14, 1987 in Albany County, which denied defendants’ motions for summary judgment dismissing the complaint and cross claims against them.

As plaintiff and defendant Robert Cooke were exiting a field adjacent to property owned by defendants Thomas and Margaret Cross, they noticed that cows owned by Robert Cooke had wandered out of the corral located on the farm of his mother, defendant Margaret Cooke, onto the Cross property. The properties lay across from each other, on either side of State Route 81 near the…