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OSBORNE v. SCHOENBORN

216 A.D.2d 810 (1995)

628 N.Y.S.2d 886

Noel Osborne, Appellant, v. Everett Schoenborn, Individually and Doing Business as Schoenborn Brothers Farm, Inc., Respondent. (And Two Other Related Actions.)

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

June 29, 1995

Mikoll, J.

Defendant Everett Schoenborn is president and sole shareholder of defendant Schoenborn Brothers Farms Inc. (hereinafter the farm), a 300-acre thoroughbred horse breeding farm located in Greene County. The farm acreage contained several fenced-in areas, i.e., paddocks, one of which housed nine weanling* horses, which on the night of October 30, 1987 escaped from their paddock. They ran loose onto State Route 81 where...

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