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MERRICK v. MURPHY

83 Misc.2d 39 (1975)

Herbert A. Merrick, Sr., as Temporary Administrator of The Estate of Herbert Merrick, Jr., Deceased, Plaintiff, v. Fred P. Murphy, Defendant.

Supreme Court, Special Term, Delaware County.

July 14, 1975

Attorney(s) appearing for the Case

Harrington & Bookhout (Richard J. Bookhout of counsel), for defendant. Jacobs & Jacobs (Michael A. Jacobs of counsel), for plaintiff.

RICHARD F. KUHNEN, J.

This is a motion for summary judgment pursuant to CPLR 3212. Plaintiff Herbert A. Merrick, Sr. is the temporary administrator of the personal property of his son Herbert A. Merrick, Jr. who was killed in an automobile accident on April 8, 1973. On that date, Merrick, Jr. was proceeding along West Main Street in the Village of Stamford when his vehicle left the road and entered a lake adjacent...

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