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McMAHON v. BUTLER

73 A.D.2d 197 (1980)

Karan A. McMahon et al., Plaintiffs, v. Ella M. Butler, Individually and as Administratrix of The Estate of Clark E. Butler, Deceased, Defendant and Third-Party Plaintiff-Appellant. Ralph A. Kocik, Third-Party Defendant-Appellant; Edward T. Vollack, Third-Party Defendant-Respondent

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

March 27, 1980

Attorney(s) appearing for the Case

Smyk & Smyk (Stephen D. Smyk of counsel), for third-party defendant-appellant.

Levene, Gouldin & Thompson (Gregory A. Gates and David M. Goulden of counsel), for third-party plaintiff-appellant.

Hinman, Howard & Kattell (Martin F. Holleran, Jr., of counsel), for third-party defendant-respondent.

GREENBLOTT, J. P., MAIN, MIKOLL and HERLIHY, JJ., concur.

SWEENEY, J.

The primary action and the third-party action arise out of an automobile accident. Plaintiff was riding as a passenger in the automobile of third-party defendant-respondent Vollack (Vollack), which vehicle was involved in an accident with the automobiles of third-party plaintiff-appellant Butler (Butler) and third-party defendant-appellant Kocik (Kocik). Plaintiff was pushed forward on impact and...

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