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PERSONIUS v. MANN

5 N.Y.3d 857 (2005)

840 N.E.2d 1024

807 N.Y.S.2d 11

HUGH PERSONIUS et al., Appellants, v. JOHN G. MANN et al., Respondents.

Court of Appeals of the State of New York.

Decided November 17, 2005.

Attorney(s) appearing for the Case

Learned, Reilly & Learned, LLP, Elmira (Diana L. Hughes of counsel), for appellants.

Costello Cooney & Fearon PLLC, Syracuse (Samuel C. Young of counsel), for respondents.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified, with costs to plaintiffs, by denying defendants' motion for summary judgment as to the negligence cause of action and, as so modified, affirmed. A question of fact existed as to whether defendants fulfilled their duty to inspect and maintain the pole...

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