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BRAY v. COX

39 A.D.2d 299 (1972)

Allen Bray, Appellant, v. Kevin C. Cox, Public Administrator of The County of Erie, as Administrator of The Estate of Robert S. McDermott, Deceased, Respondent

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

June 29, 1972.

Attorney(s) appearing for the Case

Cohen, Swados, Wright, Hanifin & Bradford (Gerald L. Kohn of counsel), for appellant.

Brownstein, Canale, Madden, Burke & Siegel (Howard V. Burke of counsel), for respondent.

MARSH, J. P., WITMER, MOULE and HENRY, JJ., concur.

CARDAMONE, J.

Plaintiff and defendant's decedent, both Canadian citizens and residents of Niagara Falls, Ontario, left Canada on June 17, 1964 for a pleasure trip to Buffalo, New York. While returning to Canada decedent, Robert McDermott, operating his vehicle on Delaware Street in Tonawanda, New York, collided with a utility pole causing his death and injuring the plaintiff, a passenger. The McDermott vehicle...

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