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BARD v. JAHNKE

6 N.Y.3d 592 (2006)

848 N.E.2d 463

815 N.Y.S.2d 16

LARRY BARD et al., Appellants, v. REINHARDT JAHNKE, Individually and Doing Business as HEMLOCK VALLEY FARMS, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided May 2, 2006.

Attorney(s) appearing for the Case

Law Firm of Scarzafava & Basdekis, Oneonta (John Scarzafava of counsel), for appellants.

Hickey, Sheehan & Gates, P.C., Binghamton (Thomas J. Hickey of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK and GRAFFEO concur with Judge READ; Judge R.S. SMITH dissents and votes to reverse in a separate opinion in which Judges G.B. SMITH and ROSENBLATT concur.

OPINION OF THE COURT

READ, J.

The accident underlying this litigation occurred on September 27, 2001 at Hemlock Valley Farms in Otsego County, a dairy farm owned and operated by defendant Reinhardt Jahnke and his wife in partnership with their two sons. At roughly 8:00 A.M., plaintiff Larry Bard, a self-employed carpenter, arrived at the farm to meet defendant John Timer, another self-employed carpenter. One of...

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