Appellate Division of the Supreme Court of the State of New York November 29, 2012 (Decker v. Schildt)

Peters, P.J.

Appeal from an order of the Supreme Court (Devine, J.), entered January 11, 2012 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.

On the morning of September 27, 2008, plaintiff Buena Decker (hereinafter plaintiff) and her husband attended an estate sale conducted by defendant at property owned by decedent, his mother.