Rossal-Daub v. Walter
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, P.J.
As set forth in a prior decision of this Court (Rossal-Daub v Walter, 58 AD3d 992 [2009]), plaintiff commenced this action seeking damages for personal injuries she sustained after a rotting plywood board covering a silage hole in the hayloft of defendants’ barn gave way beneath her. At the time of the accident, plaintiff was visiting third-party defendant, Jeffrey Daub, whom defendants had permitted to store hay in their barn since the mid-1980s. Upon plaintiffs appeal from Supreme Court’s grant of defendants’ motion for summary judgment, we determined that defendants did not have actual…
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