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TRAPANI v. ROCHESTER GAS & ELEC. CORP.

229 A.D.2d 923 (1996)

645 N.Y.S.2d 229

Michael Trapani, an Infant, by Salvatore Trapani, His Parent and Natural Guardian, et al., Respondents, v. Rochester Gas and Electric Corporation, Respondent-Appellant, and Town of Gates et al., Respondents

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

July 12, 1996

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of defendant Rochester Gas and Electric Corporation (RG&E) for summary judgment dismissing the complaint in this negligence action. Plaintiffs' son inadvertently touched a 7200 volt primary wire owned by RG&E while climbing a tree; the shock caused him to fall 25 feet to the ground. Plaintiffs submitted proof in evidentiary form raising an issue of fact whether...

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