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KLIMEK v. TOWN OF GHENT

134 A.D.2d 740 (1987)

Charles F. Klimek, Individually and as Father and Natural Guardian of Peter E. Klimek, an Infant, Respondent, v. Town of Ghent, Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. Charles F. Klimek et al., Third-Party Defendants-Respondents. (And Another Related Action.)

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

November 19, 1987

Levine, J.

Peter E. Klimek (hereinafter the infant) was severely injured on July 19, 1978 when the farm tractor he was driving partly on and partly off the paved portion of Harlemville Road in defendant Town of Ghent, Columbia County, deviated from the path of the road, hit a tree and fell down an embankment. Harlemville Road was a two-lane rural town highway. Originally a dirt road, it had been improved in 1967 in a reconstruction funded by the State...

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