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BENWARE v. SCHOENBORN

198 A.D.2d 710 (1993)

604 N.Y.S.2d 290

Marcie Benware, Respondent, v. Everett Schoenborn, Individually and Doing Business as Schoenborn Brothers Farms, Appellant. (Action No. 1.) Noel Osborn, Respondent, v. Everett Schoenborn, Individually and Doing Business as Schoenborn Brothers Farms, Appellant. (Action No. 2.)

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

November 18, 1993

Yesawich Jr., J.

Plaintiffs brought these actions, joined for trial by stipulation, to recover for injuries sustained as a result of a motor vehicle accident which occurred on October 30, 1987 in the Town of Earlton, Greene County. Plaintiff Noel Osborn was driving the vehicle, in which plaintiff Marcie Benware was a passenger, when it collided with several horses that had allegedly roamed onto the roadway from...

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