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BABENZIEN v. TOWN OF FENTON

506950.

67 A.D.3d 1236 (2009)

889 N.Y.S.2d 295

2009 NY Slip Op 08553

DAVID BABENZIEN, Respondent, v. TOWN OF FENTON, Appellant, and DELAWARE AND HUDSON RAILWAY COMPANY, INC., et al., Respondents.

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

Decided November 19, 2009.

GARRY, J.

In April 2005, plaintiff rode his motorcycle over a railroad crossing on Fuller Road in the Town of Fenton, Broome County. A few feet after crossing the tracks, he was caught in the throat by a wire hanging low across the roadway and thrown from his motorcycle into a ditch. The railroad tracks, the wire that plaintiff struck, and the telephone poles from which the wire was suspended along the tracks were owned and maintained by defendants Delaware and Hudson...

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