CONNEELY v. HERZOG


33 A.D.3d 1065 (2006)

822 N.Y.S.2d 662

JOSEPH CONNEELY, Appellant, v. CHARLES K. HERZOG, Respondent.

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

Decided October 19, 2006.


Lahtinen, J.

Defendant executed a land contract in July 1999 selling a parcel he owned in the Town of Middleburgh, Schoharie County, and, in February 2000, he agreed to an assignment of that land contract to George Coons and Michelle Bailey. In January 2002, plaintiff allegedly sustained injuries when he was walking on a street adjacent to the property and tripped over a discarded lawnmower that protruded from the property partially into the street. Plaintiff commenced...

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