JOHNSON, P. J.
Plaintiff, appellee herein (herein referred to as plaintiff), is the administrator of the estate of Haden Alexander Walker who died on March 26, 1964, following a collision between an automobile in which Walker was a passenger and an automobile operated by one John Tarpinian, a resident of the state of New York. Plaintiff has not filed an action for wrongful death against John Tarpinian. He chose instead to file an action against defendant, appellant...
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