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BUTLER v. SEITELMAN

229 A.D.2d 9 (1997)

653 N.Y.S.2d 733

Mary Jane Butler, Individually and as Administrator of The Estate of Richard E. Butler, Deceased, and as Parent and Natural Guardian of Sara Jane Butler and Others, Infants, Appellant, v. Lawrence Seitelman et al., Respondents

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

February 20, 1997

Attorney(s) appearing for the Case

Herrmann, Pelagalli & Weiner, Clifton Park (Paul Pelagalli of counsel), for appellant.

Edward Flink & Associates, Latham (Jay A. Smith of counsel), for respondents.

WHITE and CARPINELLO, JJ., concur with CASEY, J.; PETERS, J., dissents in a separate opinion in which MERCURE, J. P., concurs.

CASEY, J.

Richard E. Butler (hereinafter decedent) and two of his associates were at defendants' camp on Gull Bay Road on Lake George in Warren County on the afternoon of June 27, 1992, having been hired by defendants to do some painting. At about 6:00 P.M. the three men, claiming that they had defendants' prior permission, decided to go out in defendants' rowboat which was on the shore. A short time later, plaintiff...

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