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McDANIEL v. KECK

53 A.D.3d 869 (2008)

861 N.Y.S.2d 516

DONNA McDANIEL, Individually and as Parent and Guardian of ETHAN McDANIEL, an Infant, Appellant, v. NANCY KECK et al., Respondents, et al., Defendant. (And Two Third-Party Actions.)

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

Decided July 17, 2008.

Lahtinen, J.

In February 2004, plaintiff's son (born in 1997 [hereinafter the child]) poked himself in the right eye with a wire while on the premises of third-party defendant, Manhattan Country School Farm, in the Town of Roxbury, Delaware County and, tragically, he ended up later losing the eye. Manhattan, which is a private school and working farm, was the employer of the child's parents, and the school permitted employees to bring their children to the farm. During...

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