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HALWICK v. DI DONNA

42 A.D.2d 623 (1973)

Joel Halwick, an Infant, by Mary E. Dubois, His Parent, et al., Respondents, v. Rose Di Donna et al., Appellants, and Elizabeth Merwin, as Administratrix of The Estate of George E. Merwin, Jr., Deceased, Respondent Joel Halwick, an Infant, by Mary E. Dubois, His Parent, et al., Appellants, v. Rose Di Donna et al., Defendants, and Elizabeth Merwin, as Administratrix of The Estate of George E. Merwin, Jr., Deceased, Respondent

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

June 7, 1973

Companion appeal from so much of said judgment as dismissed the complaint against defendant Merwin. This action arose as the result of an automobile accident on Route 9W in the Town and County of Ulster which occurred on June 24, 1966, when there was a collision between a vehicle driven by Rose Di Donna and one driven by George Merwin and in which Joel Halwick was a passenger. The fundamental dispute on this appeal is evidentiary, the question being whether the testimony...

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