The plaintiff, acting as an estate administrator, filed a wrongful death action against the defendant, seeking damages for fatal injuries sustained by the decedent in an accident in which his motorcycle struck the defendant’s cow that had wandered onto the road. The trial court granted summary judgment to the defendant, and the plaintiff appealed. On appeal, the court modified the order, ruling that there was a triable issue of fact with respect to whether the defendant was negligent. The defendant testified himself that there was a break in the fence on the night of the accident and that there had been previous breaks that had to be repaired. The defendant’s neighbors also testified that the escape of the defendant’s cows was a recurring problem. Finally, the plaintiff’s expert testified that the defendant’s fence was inadequate. Sargent v. Mammoser, No. 308 CA 13-00042,2014 NY Slip OP 3372 (N.Y. Sup. Ct. May 9, 2014).