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NEW YORK STATE ELECTRIC & GAS CORPORATION v. STATE

14 A.D.3d 675 (2005)

789 N.Y.S.2d 255

NEW YORK STATE ELECTRIC & GAS CORPORATION, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 104042.)

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

January 31, 2005.

Ordered that the judgment is reversed, on the law, with costs, the orders are vacated, and the motion is denied.

The defendant's employee was mowing the grassy area alongside a state highway when the tractor he was operating struck a wire attached to the claimant's utility pole, causing the pole to fall to the ground. Contrary to the claimant's contention, to the extent that the defendant's employee was engaged in work ...

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