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WARREN v. NEW YORK TEL. CO.

238 A.D.2d 961 (1997)

661 N.Y.S.2d 161

Patricia A. Warren, Respondent, v. New York Telephone Company, Defendant, and Niagara Mohawk Power Corporation, Appellant

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

April 25, 1997

Order and judgment insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint against defendant Niagara Mohawk Power Corporation dismissed.

Memorandum:

Plaintiff sustained injuries when the vehicle she was driving left the roadway, struck a tree stump and overturned. The complaint alleges, inter alia, that Niagara Mohawk Power Corporation (defendant) negligently cut trees along the road under its power lines...

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