In December of 2005, Mr. Pommerenck was on Gerald and Rosemary Nason's property inspecting a hay elevator when the machine collapsed and killed him.
After Pommerenck's wife filed a wrongful-death case against them, the Nasons asked the Erie County Supreme Court to throw the suit out because the owners lacked notice of a dangerous condition. (Apparently, the farmland was only used in the summer months and, aside from driving by the property, neither one of the Nasons had visited the farm since September of 2005.)
Because the owners hadn't created the dangerous condition, nor were aware of its existence, the Appellate Division, Fourth Department, thought liability hadn't been established.
You try making hay of that.
To view a copy of the Appellate Division's decision, please use this link: Pommerenck v. Nason