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ROTEY v. VAN OOYEN

73 A.D.2d 804 (1979)

Elizabeth Rotey, as Executor of Rosemary R. Downey, Deceased, Respondent, v. Eric J. Van Ooyen et al., Respondents, and County of Wayne, Appellant

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

December 14, 1979

Order unanimously reversed, without costs, motion granted and complaint dismissed.

Memorandum:

Plaintiff's intestate died on August 24, 1977, as a result of an automobile accident at the intersection of Palmer Road and Hogback Hill Road in the Town of Palmyra, County of Wayne. The decedent was traveling westerly on Hogback Hill Road, a through thoroughfare, and defendant Van Ooyen was proceeding northerly on Palmer...

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