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JOHNSON v. HICKSON

43 N.Y.2d 906 (1978)

Ruby M. Johnson, as Administratrix of The Estate of Irving Johnson, Deceased, Appellant, v. Cleveland A. Hickson et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 14, 1978.

Attorney(s) appearing for the Case

Richard Gralicer and Carmine Marasco for appellant.

Donald A. Mead and Richard L. Magro for Humble Leasing Co. and Cleveland A. Hickson, respondents.

Arthur R. Calger for Jimmy Gadson, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff's intestate was killed as the result of a 1969 motor vehicle accident on the New York State Thruway. Defendant Threatt, in whose vehicle decedent was a passenger, stopped to aid defendant Gadson whose car had a flat tire and was stopped in the extreme left-hand lane of three lanes of pavement. A third car, operated by defendant...

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