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TAGLE v. JAKOB

97 N.Y.2d 165 (2001)

763 N.E.2d 107

737 N.Y.S.2d 331

HECTOR TAGLE, Appellant, v. DONNA JAKOB, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided November 27, 2001.

Attorney(s) appearing for the Case

George D. Patte, Jr., Ithaca, for appellant.

Gallo & Iacovangelo, L. L. P., Rochester (Joseph B. Rizzo of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and GRAFFEO concur.

OPINION OF THE COURT

ROSENBLATT, J.

Plaintiff was injured when he climbed a tree on defendant's property and touched an electric transmission wire suspended through the tree. For reasons that follow, we conclude that his action against defendant must fail.

Defendant Donna Jakob owned property with a one-family house in the Town of Reading, Schuyler County. The rear 10 feet of the backyard was subject...

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