BARRY v. GORECKI


38 A.D.3d 1213 (2007)

833 N.Y.S.2d 329

SUZANNE BARRY, Individually and as Personal Needs/ Property Management Guardian of JOSHUA J. HILL, an Incapacitated Person and Minor, Appellant, v. RICHARD J. GORECKI et al., Respondents.

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

Decided March 16, 2007.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying in part the motion of defendant Douglas Gorecki and reinstating the failure to warn and derivative claims against him and as modified the order is affirmed without costs.

Memorandum:

Joshua J. Hill, plaintiff's 18-year-old son, sustained personal injuries when he fell from a cliff located at the edge of property owned by defendants Richard...

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