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NEW YORK MUTUAL UNDERWRITERS v. KAUFMAN

283 A.D.2d 850 (2001)

727 N.Y.S.2d 178

NEW YORK MUTUAL UNDERWRITERS, Appellant, v. BERNARD KAUFMAN et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided May 24, 2001.

Crew III, J. P.

In August 1994, defendant Thomas O'Neill was injured when, while mowing grass on property owned by defendant Bernard Kaufman in the Town of Fallsburg, Sullivan County, he tripped over sections of a telephone pole, causing his left foot to come in contact with the blades of the mower. As a result of this incident, O'Neill sustained severe injuries to his left foot. In July 1996, O'Neill commenced a personal injury action against Kaufman seeking to recover...

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