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DIXON v. SEYMOUR

62 A.D.2d 444 (1978)

Nita Dixon, as Administratrix of The Estate of William R. Dixon, Deceased, Respondent, v. William R. Seymour, Appellant

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

May 11, 1978

Attorney(s) appearing for the Case

Hubert D. Miles (Donohue, Bohl, Clayton & Komar P. C., by Myron Komar, of counsel), for appellant.

De Graff, Foy, Conway & Holt-Harris (Carroll J. Mealey of counsel), for respondent.

GREENBLOTT and KANE, JJ., concur with MAHONEY, P. J.; SWEENEY and HERLIHY, JJ., concur in part and dissent in part in an opinion by HERLIHY, J.

MAHONEY, P. J.

The complaint seeks the recovery of damages for the wrongful death and conscious pain and suffering of plaintiff's decedent resulting from an automobile accident on August 11, 1973. It is alleged that the defendant Seymour caused the damages by his negligent operation of an automobile. It is undisputed that Seymour was at the time alleged a Deputy Sheriff acting as a police officer on routine criminal...

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