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POOLE v. OGIEJKO

62 A.D.3d 977 (2009)

880 N.Y.S.2d 123

THOMAS POOLE, Appellant, v. JANE OGIEJKO, Respondent, et al., Defendant.

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

Decided May 26, 2009.

Ordered that the order is affirmed, without costs or disbursements.

The plaintiff was injured when a Bobcat "Skid-Steer" loader operated by the defendant Charles Coperhaver drove over his foot. At the time of the accident, the plaintiff was assisting Coperhaver in removing bushes outside of a residence owned by the defendant Jane Ogiejko. The plaintiff and Coperhaver, who lived at the residence, volunteered to remove the bushes for Ogiejko. Coperhaver borrowed the...

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