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Property owners sued over assault

Lawsuit says couple allowed son to host parties in field

February 18, 2012
By JOHN R. BECKER , The Leader Herald

FONDA - A Montgomery County couple is being sued by a village resident who claims he was assaulted on property owned by the couple.

According to a lawsuit filed in state Supreme Court in Montgomery County, Ross Wilmot of 10 Barber St. alleges he was assaulted at about 1 a.m. Sept. 4 while in a field on Van Epps Road owned by Richard and Jeannie Denero of Argersinger Road in Glen. According to the lawsuit, Wilmot and "several other young individuals, including the defendants' son," were present on the Van Epps Road property when one of the "visitors" assaulted Wilmot and injured him.

Richard Denero said Friday the property mentioned in the lawsuit is about three miles from their house.

The lawsuit says Richard and Jeannie Denero "negligently and carelessly failed to heed their duty" to keep the property safe and "free from dangerous conditions, including intoxicated and violent individuals."

The lawsuit says the couple "repeatedly allowed their son Zachary to host unsupervised parties" on the premises and allowed people below the legal drinking age to drink alcohol "to and beyond the point of intoxication."

Denero said the field has been the scene of several beer parties and at least two bonfires.

"Recently we went down there and picked up 500 or 600 beer cans," he said. "That's no exaggeration; they were all over the place."

Denero said the property is posted with "no trespassing" signs.

"We've caught kids on there before and kicked them off," he said. "We go down there and check the property in the evenings."

Denero also said his son discovered one of the bonfires when he went to check the property, and the other was spotted by a real estate agent to whom Denero was showing the property in preparation for a possible sale, he said.

Denero said Zachary was not on the property at the time mentioned in the suit.

Wilmot's number is not listed in the telephone book, and he could not be reached for comment. Wilmot's attorney, Robert Abdella of Gloversville, could not be reached.

John R. Becker covers Montgomery County news. He can be reached at montco@leaderherald.com.

 
 

 

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