McCARTHY v. VOLKSWAGEN OF AM., INC.


78 A.D.2d 849 (1980)

Kevin McCarthy, Respondent, v. Volkswagen of America, Inc., et al., Appellants

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

November 3, 1980


Order reversed, on the law and the facts, without costs or disbursements, motions granted and action dismissed.

On July 26, 1974 plaintiff was involved in an automobile accident, when the 1965 Volkswagen he was operating allegedly spun out of control and struck a utility pole. As a result thereof, on September 28, 1978, plaintiff initiated the instant action by service of a summons on defendant Volkswagen of America, Inc. The action was commenced against defendant...

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