WHEELER v. ALLSTATE INS. CO.


124 Misc.2d 686 (1984)

George F. Wheeler et al., as Administrators of The Estate of Tina M. Wheeler, Deceased, Plaintiffs, v. Allstate Insurance Company, Defendant.

Supreme Court, Special Term, Broome County.

June 22, 1984


Attorney(s) appearing for the Case

Smyk & Smyk for plaintiffs. Thomas F. O'Connor for defendant.


D. BRUCE CREW, III, J.

This is a motion for summary judgment involving but a single issue of law. The parties agree that no question of fact is presented. Plaintiffs are administrators of the estate of their daughter who was killed in an automobile accident while riding her bike. A person in a parked car opened his door into the path of the cyclist throwing her to the pavement where she was then struck by a truck and killed. Defendant is the insurer of...

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