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WILLIS v. NEW YORK RACING ASSOCIATION, INC.

9 A.D.3d 406 (2004)

781 N.Y.S.2d 355

ANN M. WILLIS et al., Appellants, v. NEW YORK RACING ASSOCIATION, INC., Respondent.

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

July 12, 2004.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

In 1983 employees of the maintenance department of the defendant, New York Racing Association, Inc., constructed, assembled, and installed a cantilever gate to enable emergency vehicles to enter and exit the perimeter of the subject racetrack. The gate allegedly was constructed based on a design published by a fence manufacturer. The plaintiff Ann Marie...

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