FREELAND v. SPECKSGOOR


227 A.D.2d 958 (1996)

643 N.Y.S.2d 696

Donald Freeland et al., Individually and as Administrators of The Estate of Amanda Freeland, Deceased, Appellants, v. Joseph Specksgoor et al., Respondents

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

May 31, 1996


Order unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

Plaintiffs' 13-year-old daughter drowned in the St. Lawrence River after being immobilized by an electric shock. It is undisputed that the source of that shock was an electrically powered boat hoist owned by defendants.

Supreme Court improperly granted defendants' motion for summary judgment. "Although plaintiffs will bear the burden at trial of proving...

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