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DURANT v. NORTH COUNTRY ADIRONDACK COOPERATIVE INSURANCE COMPANY

24 A.D.3d 1165 (2005)

807 N.Y.S.2d 427

ROBERT DURANT et al., Appellants, v. NORTH COUNTRY ADIRONDACK COOPERATIVE INSURANCE COMPANY, Respondent, et al., Defendant.

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

December 29, 2005.

SPAIN, J.

In August 1989, defendant Wayne Ashley caught his foot in a corn chopper at plaintiffs' farm, requiring the amputation of his leg below the knee. Ashley commenced a negligence action against plaintiffs in 1992, alleging that his injuries occurred while he was "assisting" plaintiff Robert Durant (hereinafter plaintiff) in the repair of the chopper. Plaintiffs' insurer, defendant North Country Adirondack Cooperative Insurance Company (hereinafter defendant...

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