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WELLER v. COLLS. OF SENECAS

217 A.D.2d 280 (1995)

635 N.Y.S.2d 990

Donald R. Weller, Appellant, v. Colleges of the Senecas, Also Known as Hobart and William Smith Colleges, et al., Respondents

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

December 22, 1995

Attorney(s) appearing for the Case

Bond, Schoeneck & King, L. L. P., Syracuse, for appellant.

Saperston & Day, P. C., Rochester, for Colleges of the Senecas, respondent.

Chamberlain, D'Amanda, Oppenheimer & Greenfield, Rochester, for Marriott Management Services Corp., respondent.

GREEN, J. P., PINE, FALLON and DOERR, JJ., concur.

CALLAHAN, J.

This action arises out of an accident that occurred on September 8, 1989 on the campus of Hobart College. Plaintiff, a student at the college, was riding his bike on campus at night when he veered off a paved path onto the grass. The front tire struck a tree root causing plaintiff to be catapulted over the handlebars onto the ground. The impact rendered...

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