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EMERY v. CAPITAL MUT. INS. CO.

151 A.D.2d 854 (1989)

Ira J. Emery, Jr., et al., Respondents, v. Capital Mutual Insurance Company, Appellant, et al., Defendant

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

June 15, 1989

Mercure, J.

In a personal injury suit commenced by Barbara Kirchoff on behalf of her 16-year-old son, David, it is alleged that David's injuries were due to acts of negligence on the part of plaintiffs in the instant action. Specifically, she alleged that on March 17, 1985, plaintiffs were negligent in providing David with a dangerous instrumentality, allowing him to operate the instrumentality without proper...

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