BRANCH v. GREEN


265 A.D.2d 646 (1999)

696 N.Y.S.2d 558

ROBERT R. BRANCH, Respondent, v. RALPH GREEN et al., Individually and Doing Business as RALPH AND JIM GREEN CONTRACTING, Appellants, et al., Defendant.

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

Decided October 14, 1999.


Mikoll, J. P.

On June 29, 1993, plaintiff was seriously injured while cutting trees on a parcel of land owned by defendant James P. Kubish in the Town of Wilton, Saratoga County, on which defendants Ralph Green and James Green (hereinafter collectively referred to as defendants) were harvesting lumber pursuant to an agreement with Kubish. Plaintiff was on the site with the permission of defendants, who operated a contracting partnership and frequently allowed plaintiff...

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