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UTICA MUTUAL INSURANCE COMPANY v. GATH

265 A.D.2d 805 (1999)

695 N.Y.S.2d 839

UTICA MUTUAL INSURANCE COMPANY. Appellant, v. ROBERT GATH et al., Respondents.

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

Decided October 1, 1999.

Judgment unanimously affirmed without costs.

Memorandum:

In May 1994 defendant Sue Ellen Misner was injured while riding her bicycle on the sidewalk in front of property owned by defendant Robert Gath. Misner fell from her bicycle when she rode into a piece of rope Gath had extended from a stake in his yard to the telephone pole across the sidewalk. Misner notified Gath in November 1996 of her intention to file...

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