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PARISH v. HENNEBERRY RD. FARMS, INC.

49 A.D.2d 675 (1975)

Howard L. Parish, Respondent, v. Henneberry Road Farms, Inc., Appellant

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

July 18, 1975

Judgment affirmed, with costs.

All concur, except Witmer, J., who dissents and votes to reverse the judgment and dismiss the complaint, in the following memorandum:

Because I believe that as a matter of law the defendant was not guilty of negligence in this case, I think that there should be a reversal. I assume that plaintiff was an invitee, although under developing law that may not be of particular importance (see concurring opinions by Wachtler...

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