Wood v. Auburn Lodge No. 474

OPINION OF THE COURT

Michael F. McKeon, J.

In a case of apparent first impression in New York, plaintiff sues for damage to his motor vehicle which he claims was *684caused by a rock propelled by a lawnmower owned by the defendant Elks Club and operated by a member of the Elks.

Plaintiff, while pulling out onto State Street in the City of Auburn, from Diego’s Auto, a business directly across the street from the Elks, heard his driver’s side window be struck by an object which he believed was a rock propelled by a lawnmower being operated by a Ron Eastman, a member of the Elks. The plaintiff…