GARDNER v. OWASCO RIV. RY.


142 A.D.2d 61 (1988)

Charles Gardner, Respondent, v. Owasco River Railway, Inc., Appellant, et al., Defendant

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

November 23, 1988


Attorney(s) appearing for the Case

Bragar & Wexler (Raymond A. Bragar of counsel), and Horigan, Horigan, Pennock & Lombardo, P. C., for appellant.

Robert L. Briskie for respondent.

MAHONEY, P. J., CASEY, YESAWICH, JR., and MERCURE, JJ., concur.


KANE, J.

Plaintiff was involved in an accident on January 29, 1984 at approximately 12:30 P.M. when the three-wheel, all-terrain vehicle (hereinafter ATV) he was operating allegedly struck a snow and ice barrier located on an abandoned railway bed owned by defendant Owasco River Railway, Inc. (hereinafter Owasco). The barrier had apparently been erected by defendant John Skonieczny to slow down individuals using...

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