In Randall v. McGrath , Christine Randall sued to recover possession of a John Deere track loader from her neighbor, Austin McGrath.
McGrath claimed that prior to Randall's husband death, the decedent -- who suffered from Alzheimer's -- offered to give McGrath the machine if he could get it started. At the time, the equipment was sitting in a field in a state of disrepair. Once he was able to get it started, McGrath moved the track loader onto his property and made substantial repairs to the machine over the course of a year.
When Randall claimed her husband couldn't remember giving the track loader to McGrath, McGrath counterclaimed seeking to recoup his labor and other restoration costs together with "other unrelated work he had allegedly performed for [Randall's husband] throughout the years."
After the Rensselaer County Supreme Court granted Randall's request to dismiss the case, McGrath appealed to the Appellate Division, Third Department.
Because it was unclear whether Randall's husband intended to gift the track loader to McGrath and whether delivery of the gift was established even though "no keys, locks, accessory equipment, paperwork, or other proof of ownership of the track loader were provided to [McGrath]," the AD3 reversed and sent the back for a formal hearing or trial.
Clearly, nothing comes between a man and his Deere !
To download a copy of the Appellate Division's decision, please use this link: Randall v. McGrath