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HALLENBECK v. SMITH

515155.

106 A.D.3d 1412 (2013)

967 N.Y.S.2d 147

2013 NY Slip Op 3894

LAWRENCE JOHN HALLENBECK, as Administrator of the Estate of LAWRENCE J. HALLENBECK, Deceased, Appellant, v. KATHLEEN TUCKER SMITH et al., Defendants, and BONNIE J. GARRITY, Respondent.

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

Decided May 30, 2013.

Garry, J.

In the early morning hours of August 11, 2002, decedent was apparently thrown from his motorcycle while traveling on Interstate Route 88 in the Town of Otego, Otsego County, and was immediately struck by a vehicle owned by defendant Mary V. Tucker and driven by defendant Kathleen Tucker Smith (hereinafter codefendants). Soon thereafter, decedent was struck by a vehicle driven by defendant Bonnie J. Garrity (hereinafter...

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