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MATTER OF SMITH v. PARK

525437.

161 A.D.3d 1426 (2018)

76 N.Y.S.3d 271

2018 NY Slip Op 03584

In the Matter of the Claim of Vicky S.T. Smith, as Administrator of the Estate of Alex K. Smith, Deceased, Appellant, v. Luke M. Park et al., Doing Business as Park Family Farm, Respondents, et al., Respondent. Workers' Compensation Board, Respondent.

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

Decided May 17, 2018.

In July 2015, Alex K. Smith (hereinafter decedent), then 14 years old, was killed while operating a skid steer owned by the Park Family Farm in the Town of Homer, Cortland County. Decedent's accident was unwitnessed, but Luke M. Park, one of the partners comprising Park Family Farm, and another individual found decedent crushed beneath...

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