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FINNOCCHIARO v. NAPOLITANO

52 A.D.3d 463 (2008)

859 N.Y.S.2d 477

JOSEPH FINNOCCHIARO, Appellant, v. ALBERT NAPOLITANO et al., Respondents.

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

Decided June 3, 2008.

Ordered that the order is affirmed, with costs.

The defendant Albert Napolitano (hereinafter Albert) owns a 200-acre parcel of property in Schoharie County, which friends and family members have used over the years for hunting. On November 23, 2003 the plaintiff was deer hunting on Albert's property when the all-terrain vehicle (hereinafter ATV) he was operating flipped over, causing him to sustain injuries. The plaintiff, who is Albert's uncle, testified at his deposition...

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