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KLIMEK v. TN OF GHENT

71 A.D.2d 359 (1979)

Charles F. Klimek, Individually and as Father and Natural Guardian of Peter E. Klimek, an Infant, Respondent, v. Town of Ghent, Appellant, et al., Defendants

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

December 27, 1979

Attorney(s) appearing for the Case

Connor, Curran, Connor, Flint & Schram (Theodore Guterman, II, of counsel), for appellant.

McClung, Peters & Simon (Robert E. Simon of counsel), for respondent.

MAHONEY, P. J., GREENBLOTT, MIKOLL and HERLIHY, JJ., concur.

MAIN, J.

On July 19, 1978, the infant Peter E. Klimek, age 13, was allegedly seriously injured while operating a tractor with a trailing wagon on Harlemville Road in the Town of Ghent. The mishap allegedly occurred when a front wheel of the tractor dropped into a depression above a culvert, with the result that the tractor, the wagon and the infant operator were thrown down into a meadow below the road. As a...

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