METZGIER, MICHAEL v. MILLER, ABE A.

Memorandum:

Plaintiff commenced this action seeking damages for injuries he allegedly sustained while operating an all-terrain vehicle (ATV) on defendant’s property when he struck a single strand of barbed wire fencing that defendant had strung between two trees on the property. At the time of the accident, plaintiff and his cousin were operating AT Vs on defendant’s property without the knowledge or permission of defendant. We conclude that Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint. Defendant met his initial burden on the motion by…