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MERKLE v. SMITH

66 A.D.2d 913 (1978)

Edward Merkle, Individually, and as Father and Natural Guardian of Dennis Merkle, an Infant, Appellant, v. Barbara J. Smith et al., Respondents

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

December 7, 1978

Plaintiff Edward Merkle (Merkle) and the defendant Clarence V. Lyon (Lyon) were engaged in a business arrangement and prior to February 8, 1969 Merkle and his family had visited at the Lyon residence on numerous occasions. On February 8, 1969 Merkle and his family visited the Lyon residence. The entrance to the Lyon property and residence is a 250-foot driveway which rises upward from the public highway to the buildings. The driveway is approximately nine feet wide and on...

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