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WOOD v. AUBURN LODGE NO. 474

12 Misc.3d 683 (2006)

818 N.Y.S.2d 429

CHRISTOPHER WOOD, Plaintiff, v. AUBURN LODGE NO. 474, BENEVOLENT AND PROTECTIVE ORDER OF ELKS, INC., Defendant.

City Court of Auburn.

April 26, 2006.

Attorney(s) appearing for the Case

Christopher Wood, plaintiff pro se.

Auburn Lodge No. 474, Benevolent and Protective Order of Elks, Inc., defendant pro se.

OPINION OF THE COURT

MICHAEL F. McKEON, J.

In a case of apparent first impression in New York, plaintiff sues for damage to his motor vehicle which he claims was caused by a rock propelled by a lawnmower owned by the defendant Elks Club and operated by a member of the Elks.

Plaintiff, while pulling out onto State Street in the City of Auburn, from Diego's Auto, a business directly across the street from...

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