HARGRAVE v. PRESHER


221 A.D.2d 677 (1995)

632 N.Y.S.2d 886

Mary Hargrave, as Administratrix of The Estate of Chester Young, Deceased, Appellant, v. Floyd M. Presher, Respondent

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

November 2, 1995


Yesawich Jr., J.

Plaintiff's decedent (age 51) drowned on July 8, 1989, when a canoe he was using capsized in defendant's pond. Plaintiff, as administratrix of decedent's estate, thereafter commenced this action alleging that defendant had been negligent in inviting decedent, who assertedly was unable to swim, to borrow his canoe and set out on the pond, without providing safety flotation devices, and in misrepresenting...

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