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TRAPANI v. ROCHESTER GAS CORP

165 Misc.2d 483 (1995)

628 N.Y.S.2d 226

Michael Trapani, an Infant, by Salvatore Trapani, His Parent and Natural Guardian, et al., Plaintiffs, v. Rochester Gas and Electric Corporation et al., Defendants.

Supreme Court, Monroe County.

June 1, 1995

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle, Rochester (Daniel P. Purcell of counsel), for Rochester Gas and Electric Corporation, defendant. Burke, Grossman, Valenti & Rzepka, Rochester (Robert J. Burke of counsel), for Town of Gates, defendant. Saperston & Day, P. C., Rochester (Gary H. Abelson of counsel), for Laidlaw Tree Service, Inc., and another, defendants. Gough, Skipworth, Summers, Eves & Trevett, P. C., Rochester (Peter A. Jacobson of counsel), for plaintiffs.

ANDREW V. SIRACUSE, J.

On September 4, 1990, Michael Trapani, 16 years old at the time, was visiting a friend's house in the Town of Gates. At about 2:30 A.M. he decided to climb a nearby tree. A few of his friends had found places in the lower branches, but Trapani decided to climb all the way to the top. He was more than 20 feet up in the tree when he reached for another branch, either above him or in front...

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