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ROCK v. CONCRETE MATERIALS

46 A.D.2d 300 (1974)

Norma J. Rock, as Limited Administratrix of The Estate of Lester M. Rock, Deceased, Appellant, v. Concrete Materials, Inc., Respondent. (Action No. 1.) Norma J. Rock, as Limited Administratrix of The Estate of Lester M. Rock, Deceased, Appellant, v. Bero Construction Corp., Respondent. (Action No. 2.)

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

December 23, 1974.

Attorney(s) appearing for the Case

O'Connell & Wolfe (Livingston L. Hatch of counsel), for appellant.

Holcombe & Dame (Kenneth H. Holcombe of counsel), for Concrete Materials, Inc., respondent.

Fitzpatrick, Bennett & Trombley (Edward J. Trombley of counsel), for Bero Construction Corp., respondent.

HERLIHY, P. J., COOKE, MAIN and REYNOLDS, JJ., concur.

GREENBLOTT, J.

On December 14, 1968 at about 9:00 P.M., Lester Rock, plaintiff's deceased husband, was killed when the snowmobile he was operating, with plaintiff as a passenger, crashed into a gate on a private roadway owned by defendant Concrete Materials, Inc. (hereinafter, Concrete). The gate consisted of a metallic pipe in a horizontal position approximately four feet off the ground, chained to two posts...

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