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HAYES v. NIAGARA MOHAWK POWER CORPORATION

261 A.D.2d 748 (1999)

689 N.Y.S.2d 747

DOLORES HAYES, as Executor of KAZIMIERZ PRZESTRZELSKI, Also Known as CHARLES PRZESTRZELSKI, Deceased, Respondent, v. NIAGARA MOHAWK POWER CORPORATION et al., Appellants.

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

Decided May 13, 1999.

Peters, J.

The relevant undisputed facts underlying a fire which occurred at plaintiff's farm in Montgomery County on August 8, 1994 stem from a discovery by David Przestrzelski, who operated the farm with plaintiff, her husband and her son, that the electric barn cleaner was not functioning on July 27, 1994. Observing the electrical panel box servicing the barn,* Przestrzelski noticed charring between the lower two pull-out fuses. He...

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