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MATRE v. ERIE COUNTY PUBLIC ADMINISTRATOR

283 A.D.2d 1025 (2001)

724 N.Y.S.2d 248

GEORGEANN MATRE, as Executrix of RONALD J. MATRE, Deceased, Respondent, v. ERIE COUNTY PUBLIC ADMINISTRATOR, as Administrator of the Estate of JOSEPH J. ZIOLKOWSKI, Deceased, Appellant.

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

Decided May 2, 2001.

Order unanimously affirmed with costs.

Memorandum:

Plaintiff's decedent commenced this action to recover damages for injuries he sustained when his motorcycle collided with an automobile operated by Joseph J. Ziolkowski. Plaintiff's decedent filed his summons and complaint against Ziolkowski approximately 2½ months after Ziolkowski's death. The insurance carrier for Ziolkowski hired an attorney to represent him, and that attorney prepared and served an...

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