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KELSEY v. HOURIGAN

472 CA 18-01742.

175 A.D.3d 918 (2019)

106 N.Y.S.3d 540

2019 NY Slip Op 06258

John A. Kelsey et al., Respondents, v. Gerald E. Hourigan, Jr., Individually and Doing Business as Gerald Hourigan Dairy Farm, et al., Appellants. (Appeal No. 1.)

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

Decided August 22, 2019.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the cross motion with respect to the fifth affirmative defense and reinstating that affirmative defense, and granting the motion in part and dismissing the complaint, and as modified the order is affirmed without costs.

Memorandum: John A. Kelsey (plaintiff) was injured when a cow fell on him at a dairy farm owned...

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