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PURDY v. PUB. ADM'R

72 N.Y.2d 1 (1988)

George W. Purdy, Appellant-Respondent, v. Public Administrator of County of Westchester, as Administrator of The Estate of Emily Shaw, Deceased, Respondent, et al., Defendant, and Bethel Methodist Home, Respondent. George W. Purdy, Appellant-Respondent, v. Elio Argenziano, Respondent. Public Administrator of County of Westchester, as Administrator of The Estate of Emily Shaw, Deceased, Third-Party Plaintiff-Respondent-Appellant, v. Elio Argenziano, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided May 31, 1988.

Attorney(s) appearing for the Case

Raymond J. Keegan and Norman Bard for George W. Purdy, appellant-respondent.

Carol Ann Weinman, Roger P. McTiernan and Michael Close for Public Administrator of the County of Westchester, respondent and third-party plaintiff-respondent-appellant.

Kevin M. Loftus and Carolyn A. Chieco for Bethel Methodist Home, respondent.

Timothy P. Coon for Elio Argenziano, respondent and third-party defendant-respondent.

Robert Abrams, Attorney-General (Michael S. Buskus, O. Peter Sherwood and Peter H. Schiff of counsel), for the State of New York, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.

ALEXANDER, J.

In November 1979, plaintiff, while a customer at a gas station in Brewster, New York, was struck by a speeding car that crashed into the gas station and seriously injured him. The car was owned and operated by Emily Shaw,1 who on the date of the accident, was a 73-year-old voluntary resident of the defendant Bethel Methodist Home with a medical condition that left her...

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