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GUASPARI v. GORSKY

36 A.D.2d 225 (1971)

Richard Guaspari, as Administrator of The Estate of Yolanda Guaspari, Deceased, Respondent, v. Chester M. Gorsky, Also Known as Chester M. Gorski, Appellant Karen Guaspari, an Infant, by Richard Guaspari, Her Father and Natural Guardian, Respondent, v. Chester M. Gorsky, Also Known as Chester M. Gorsky, Appellant Richard Guaspari, Respondent, v. Chester M. Gorsky, Also Known as Chester M. Gorsky, Appellant

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

April 8, 1971.

Attorney(s) appearing for the Case

Edward J. Tyler (Donald L. Schoenwald of counsel), for appellant in each action.

Griffith & Pileckas (Paul L. Pileckas of counsel), for respondent in each action.

MARSH and GABRIELLI, JJ., concur with DEL VECCHIO, J. P.; MOULE and HENRY, JJ., dissent and vote to reverse and grant a new trial in separate opinions.

DEL VECCHIO, J. P.

This is an appeal by defendant in three actions from judgments for personal injuries, medical expenses, property damages, and wrongful death.

The actions arose out of an accident which occurred when an automobile owned by defendant Gorsky and operated by a thief, Donald Smith, collided with an automobile operated by plaintiff Richard Guaspari in which his wife and infant daughter were...

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