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WARFIELD v. TERRY

238 A.D.2d 765 (1997)

656 N.Y.S.2d 977

Kimberly Warfield, Individually and as Administrator of The Estate of David B. Warfield, Jr., Deceased, Appellant, v. John E. Terry et al., Respondents

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

April 17, 1997

Cardona, P. J.

Plaintiff's decedent was fatally injured in an unwitnessed accident which occurred while he was engaged in logging activities with defendant James Terry. James Terry was retained as an independent contractor by his brother, defendant John E. Terry, to cut lumber on property owned by Milcent Buerge. Decedent assisted James Terry in cutting and skidding the lumber. After decedent's death, plaintiff commenced this wrongful death action against...

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