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BRAGG v. GENESEE AGRIC. SOCY.

84 N.Y.2d 544 (1994)

644 N.E.2d 1013

620 N.Y.S.2d 322

Ronald Bragg, Appellant, v. Genesee County Agricultural Society et al., Respondents.

Court of Appeals of the State of New York.

Decided December 8, 1994.

Attorney(s) appearing for the Case

Nicholas, Perot & Strauss, Akron (Kevin J. Bauer, Buffalo, of counsel), for appellant.

O'Shea, Reynolds & Cummings, Buffalo (Erin M. Peradotto of counsel), for respondents.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

SIMONS, J.

Defendant Genesee County Agricultural Society is the owner of an abandoned railway bed that runs from Batavia to Lockport. In 1988 defendant Lathan, the Society's president, made an oral agreement with a trucking company to excavate gravel from the railbed. Lathan selected the site for the excavation and, though aware that off-road vehicles used the property, did not instruct the contractor to post...

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