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LUMPKIN v. TRUCK RENTAL

70 A.D.2d 441 (1979)

Carolyn Lumpkin, as Administratrix of The Estate of Michael L. Bennekin, Deceased, Plaintiff, v. Albany Truck Rental Service, Inc., et al., Defendants. (Action No. 1.) General Tire and Rubber Company, Third-Party Plaintiff-Appellant, v. David L. Sinnamon, Third-Party Defendant-Respondent. (Third-Party Action No. 1.) Albany Truck Rental Service, Inc., Third-Party Plaintiff-Appellant, v. David L. Sinnamon, Third-Party Defendant-Respondent. (Third-Party Action No. 2.)

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

November 15, 1979

Attorney(s) appearing for the Case

Ainsworth, Sullivan, Tracy & Knauf (Michael P. Friedman of counsel), for General Tire and Rubber Company, third-party plaintiff-appellant.

Lyons, Pentak, Brown & Tobin (Ernest P. Lyons of counsel), for Albany Truck Rental Service, Inc., third-party plaintiff-appellant.

Rosenblum & Leventhal for Carolyn Lumpkin, plaintiff.

Robert Abrams, Attorney-General (Franklin K. Breselor, William J. Kogan and Shirley Adelson Siegel of counsel), for third-party defendant-respondent.

MAHONEY, P. J., SWEENEY, KANE and MAIN, JJ., concur.

HERLIHY, J.

These three related actions arose out of a truck accident which caused the death of plaintiff's decedent. The decedent was a passenger in a truck driven by David L. Sinnamon, originally a defendant and now third-party defendant-respondent in both third-party actions. Both Sinnamon and the decedent were employed by the New York State Department of Correctional Services at the time of the accident,...

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