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BAKER v. SHEPARD

276 A.D.2d 873 (2000)

715 N.Y.S.2d 83

THERESA BAKER et al., Respondents-Appellants, v. KEVIN H. SHEPARD, Appellant-Respondent and Third-Party Plaintiff-Appellant. TAMMY R. TALBOT, Third-Party Defendant-Respondent.

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

Decided October 19, 2000.

Rose, J.

This action arises out of a motor vehicle accident that occurred when plaintiff Theresa Baker (hereinafter plaintiff) was a passenger in a car driven by her sister, third-party defendant, westbound on State Route 5 in the Town of Mohawk, Montgomery County. Defendant's eastbound truck fishtailed on ice, crossed into the westbound lane and struck third-party defendant's car. Plaintiff and her husband, derivatively...

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