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CAREY v. RODDEN

37 A.D.2d 115 (1971)

Joseph F. Carey, as Administrator of The Estate of Martin F. Carey, Deceased, Appellant, v. Marshall J. Rodden et al., Respondents

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

June 30, 1971.

Attorney(s) appearing for the Case

Gerard M. Carey (St. John, Ronder & Bell, by Howard C. St. John, of counsel), for appellant.

McCann, Ahern & Sommers (Donald H. McCann of counsel), for respondents.

HERLIHY, P. J., REYNOLDS, STALEY, JR., and SWEENEY, JJ., concur.

SIMONS, J.

This is an appeal from a judgment of the Supreme Court entered in Ulster County upon a verdict in favor of respondents after trial.

The only error assigned is the failure of the trial court to charge the doctrine of last clear chance as requested by appellant.

The accident happened on Route 9-W in the Village of Port Ewen at about 2:30 P.M. when appellant's intestate, an 11-year-old...

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