PALMATEER v. WHITCAVITCH SR.


256 A.D.2d 943 (1998)

681 N.Y.S.2d 883

DOUGLAS PALMATEER, Respondent, v. BRUCE WHITCAVITCH, SR., Appellant.

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

Decided December 24, 1998.


Crew III, J.

Plaintiff commenced this action seeking to recover for the injuries he sustained on July 24, 1994 when he fell from a hay wagon. At the time of the accident, defendant and his son, Bruce Whitcavitch, Jr. (hereinafter Whitcavitch), were haying a field owned by Lyman Avery and located in the Town of Johnstown, Fulton County; defendant was operating the tractor which, in turn, was pulling the baler and, to the rear of that, the hay wagon from which plaintiff...

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