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COOGAN v. D'ANGELO

1176 CA 09-00210.

66 A.D.3d 1465 (2009)

886 N.Y.S.2d 306

2009 NY Slip Op 7038

RICHARD E. COOGAN, SR., as Temporary Administrator of the Estate of ANTHONY M. COOGAN, Deceased, Appellant, v. DANIEL A. D'ANGELO et al., Respondents, et al., Defendant.

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

Decided October 2, 2009.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for the wrongful death of his son (decedent), who was fatally injured while riding his all-terrain vehicle (ATV) on property owned by defendant Daniel A. D'Angelo. Decedent and defendant Kyle Ball were operating their ATVs on a path located on D'Angelo's property when decedent struck a metal cable that was strung across...

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