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TOOKER v. LOPEZ

24 N.Y.2d 569 (1969)

Oliver P. Tooker, Jr., as Administrator of The Estate of Catharina M. Tooker, Deceased, Appellant, v. Myer Lopez, Respondent.

Court of Appeals of the State of New York.

Decided April 23, 1969.

Attorney(s) appearing for the Case

William D. Kiley for appellant.

Barry M. Shulman for respondent.

Opinion by Judge KEATING in which Chief Judge FULD and Judges BURKE and BERGAN concur; Chief Judge FULD and Judge BURKE also concur in separate opinions; Judge BREITEL dissents and votes to affirm in a separate opinion in which Judges SCILEPPI and JASEN concur.

KEATING, J.

On October 16, 1964, Catharina Tooker, a 20-year-old coed at Michigan State University, was killed when the Japanese sports car in which she was a passenger overturned after the driver had lost control of the vehicle while attempting to pass another car. The accident also took the life of the driver of the vehicle, Marcia Lopez, and seriously injured another passenger, Susan Silk. The two girls were...

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