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MONACELLI v. ARMSTRONG

64 A.D.2d 428 (1978)

David R. Monacelli, by His Guardian ad Litem, Eva J. Adams, et al., Respondents, v. Albert V. Armstrong et al., Defendants. Larry Wright, Respondent; Chili Fire Department, Inc., et al., Appellants Richard E. Wright et al., Respondents, v. Albert V. Armstrong et al., Defendants. Larry D. Wright, Respondent; Chili Fire Department, Inc., Appellant. (Action No. 1.) David R. Monacelli, by His Guardian ad Litem, Eva J. Adams, et al., Appellants, v. Albert V. Armstrong et al., Appellants. Rochester Telephone Corporation et al., Respondents, et al., Defendants Richard E. Wright et al., Appellants, v. Albert V. Armstrong et al., Appellants. Rochester Telephone Corporation et al., Respondents, et al., Defendants. (Action No. 2.) David R. Monacelli, by His Guardian ad Litem, Eva J. Adams, et al., Respondents, v. Albert V. Armstrong et al., Defendants, and Larry D. Wright, Appellant Richard E. Wright et al., Respondents, v. Larry D. Wright, Appellant, et al., Defendants. (Action No. 3.)

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

November 10, 1978

Attorney(s) appearing for the Case

Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer (Henry Ippolito of counsel), for Chili Fire Department and another.

Lacy, Katzen, Greene & Jones (Leon Katzen of counsel), for David R. Monacelli and another.

Fix, Spindelman, Turk, Himelein & Schwartz (John R. Schwartz of counsel), for Richard E. Wright and another.

Bayer, Dupee & Smith (Michael J. Kelly of counsel), for Larry D. Wright.

Lines, Wilkens, Osborn & Beck (Michael J. Tobin of counsel), for Albert V. Armstrong and others.

Nixon, Hargrave, Devans & Doyle (William B. Lee, Jr., of counsel), for Rochester Telephone Corporation and another.

MARSH, P. J., SIMONS and HANCOCK, JR., JJ., concur.

MOULE, J.

On May 21, 1976 the Chili Fire Department held its annual parade and carnival in the Town of Chili, in Monroe County. Mary Anne Townley and others rode horses in the parade, which had been organized by volunteer fireman, Gerald Van Gelder. On her way home at about 9:30 P.M. Townley was riding a horse allegedly owned by her and her husband along the shoulder of Chili Avenue when she came upon a parked...

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