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MICHAELS v. PARK SHORE REALTY CORP.

55 A.D.3d 802 (2008)

865 N.Y.S.2d 686

JOHN MICHAELS et al., Respondents, v. PARK SHORE REALTY CORP. et al., Appellants, and LORAX LANDSCAPING CORP. et al., Respondents.

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

October 21, 2008.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Justin Michaels, an infant, was struck and killed by a large branch that broke off a tree while he was attending a day camp operated by the defendant Park Shore Country Day Camp and Day School (hereinafter Day Camp) on property owned by the defendant Park Shore Realty Corp. (hereinafter PSRC). The defendants Lorax Landscaping Corp. and Sterling Tree and Lawn (hereinafter together...

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