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ST GERMAIN v. DUTCHESS AGRIC.

274 A.D.2d 146 (2000)

712 N.Y.S.2d 146

SUSAN ST. GERMAIN et al., Respondents, v. DUTCHESS COUNTY AGRICULTURAL SOCIETY et al., Appellants.

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

August 7, 2000.

Attorney(s) appearing for the Case

Ahmuty Demers & McManus, Albertson (Frederick B. Simpson and Brendan T. Fitzpatrick of counsel), for Dutchess County Agricultural Society, appellant.

Francis J. Roche, Hudson, for Jeffrey Pulver and others, appellants.

Basso & Burke, L. L. P., Poughkeepsie (Kara L. Campbell of counsel), for respondents.

O'BRIEN, J.P., S. MILLER and SMITH, JJ., concur.

OPINION OF THE COURT

FRIEDMANN, J.

In the instant action, the injured plaintiffs allegedly suffered personal injuries when they were trampled by a cow which broke free from its handler and ran amongst fairgoers as it was being led from an exercise area to a barn at the Dutchess County Fair (hereinafter the Fair). At issue on the instant appeal is whether the plaintiffs may recover damages for their injuries from the owners of the cow and/or from operators...

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