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CARTER v. TRAVELERS INS.

113 A.D.2d 178 (1985)

Albert Carter, Respondent, v. Travelers Insurance Company, Appellant, and United Services Automobile Association, Respondent

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

November 21, 1985

Attorney(s) appearing for the Case

Thomas E. Paterson of counsel (William P. Kennedy, attorney), for appellant.

Vincent B. Frontero of counsel (Brand & Brand, attorneys), for United Services Automobile Association, respondent.

MURPHY, P. J., CARRO and LYNCH, JJ., concur with SULLIVAN, J.; KUPFERMAN, J., dissents in an opinion.

SULLIVAN, J.

On March 16, 1981, Henry Smith was injured when he was struck by a vehicle in a parking lot on the premises of the Medical Society of the County of Kings. Dr. Stanley Goldstein, the vehicle's owner, had left it in the parking lot while he attended a meeting. Plaintiff, a custodial employee of the Medical Society, was the operator.

Smith brought a personal injury action against plaintiff...

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