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OSGOOD v. ESTATE OF BIRDSALL

72 A.D.2d 849 (1979)

James N. Osgood, as Administrator of The Estate of Peter M. Osgood, Deceased, Appellant, v. Estate of William R. Birdsall, Jr., Deceased, Defendant, and Kevin W. Deline et al., Respondents

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

November 8, 1979

On the evening of September 10, 1976, plaintiff's intestate sustained fatal injuries when the automobile in which he was riding as a passenger collided with a flatbed tractor trailer on Route 41 in the Town of Afton, Chenango County. In the ensuing wrongful death action, plaintiff recovered a judgment against the estate of William R. Birdsall, Jr., the owner and driver of the automobile, but the jury returned a verdict of no cause of action as to the defendants Deline who...

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