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DeFREESE v. WARWICK VALLEY TEL. CO.

134 A.D.2d 231 (1987)

Christine DeFreese et al., Respondents, v. Warwick Valley Telephone Company, Defendant, and New York Telephone Company, Appellant

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

November 2, 1987

Ordered that the interlocutory judgment is affirmed, with costs.

The trial court properly submitted the issue of the appellant's negligence to the jury. The plaintiffs established a prima facie case by producing evidence from which the jury could have inferred that the appellant departed from its usual practice and procedure (see, O'Neil v Port Auth., 111 A.D.2d 375, 376...

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