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LANE v. FLACK

73 A.D.2d 65 (1980)

George Lane et al., Appellants, v. Frederick Flack, Respondent

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

February 21, 1980

Attorney(s) appearing for the Case

Byron & Carpenter (Robert E. Carpenter of counsel), for appellants.

Hesson, Ford, Sherwood & Whalen (Henry Neal Connolly of counsel), for respondent.

SWEENEY, J. P., KANE and STALEY, JR., JJ., concur with HERLIHY, J.; MAIN, J., dissents and votes to reverse in a separate opinion.

HERLIHY, J.

Plaintiff George Lane was the administrator of the Memorial Hospital of Greene County (hospital), and defendant Flack was the Treasurer of Greene County and, as such, served as treasurer of the hospital. On July 15, 1977, Lane was riding as a passenger in a motor vehicle owned and operated by Flack as the two were returning from Middlebury, Connecticut, where they had gone on behalf of the county and...

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