Sutherland v. Thering Sales & Service, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Cardona, EJ.
Appeal from an order of the Supreme Court (Coccoma, J.), entered March 17, 2006 in Delaware County, which denied defendant’s motion for summary judgment dismissing the complaint.
Flaintiff was the owner of Chapel Bank Farm, a dairy farm located in the Village of Hobart, Delaware County, which included a two-story milk house and adjoining barn. As relevant herein, the milk house contained a motorized milking and pump system. Early in the morning of May 24, 2004, plaintiff discovered that the milking system was not operational and requested a service call from defendant, a repair…
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