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SHEA v. JOHNSON

101 A.D.2d 1018 (1984)

Raymond P. Shea et al., Appellants, v. Robert A. Johnson, Defendant, and Olin M. Avery, Respondent. Peggy A. Shea, Appellant, v. Robert A. Johnson, Defendant, and Olin M. Avery, Respondent

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

May 25, 1984

Order unanimously reversed, without costs, and motion denied.

Memorandum:

Plaintiffs appeal from an order granting summary judgment in favor of defendant Avery. Plaintiffs were seriously injured when Robert Johnson stole defendant Avery's automobile and was involved in a head-on collision with them on August 15, 1980 in the Town of Benton. They commenced suit against Avery alleging that he was liable for negligence both under common law and under subdivision...

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