Lincoln v. Landvest, Inc.

Because careful review of the motion papers indicates to me that, under the circumstances, defendant Landvest, Inc. did not owe any duty to protect plaintiff John Lincoln (hereinafter Lincoln) from the unfortunate consequences of his own actions, I respectfully dissent. That Landvest’s employee marked certain trees for cutting, identifying obvious cutting problems, did not relieve Lincoln of the responsibility of looking for lodged trees (see, Macey v Truman, 70 NY2d 918; Collins v Petroski, 155 AD2d 799). "[T]he value of a warning is particularly questionable where, as here, [Lincoln] knew…