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WEDLOCK v. TRONCOSO

185 Misc.2d 432 (2000)

712 N.Y.S.2d 328

STEPHEN WEDLOCK et al., Plaintiffs, v. JUAN R. TRONCOSO et al., Defendants.

Supreme Court, Richmond County.

July 5, 2000.

Attorney(s) appearing for the Case

Trager, Cronin & Byczek, L. L. P. (Joseph Martello of counsel), for plaintiffs.

Tracy & Stilwell (Jack Tracy of counsel), for defendants.

OPINION OF THE COURT

JOSEPH J. MALTESE, J.

The plaintiff claims that the defendants' fence wasn't a proper fence—that it was dangerous and improperly maintained and caused his injury. But what is a proper fence? What is its purpose? How should it be constructed? How strong must it be? These are some of the issues in this case.

Facts

On the afternoon of June 4, 1996, the plaintiff, Stephen Wedlock, a police officer, along with fellow...

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