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BABCOCK v. ALLAN

115 A.D.2d 297 (1985)

Georgia Babcock, Individually and as Administratrix of The Estate of Gerald Babcock, Deceased, Appellant-Respondent, v. Chris Allan et al., Defendants; Hugh Allan, Respondent, and Hugh Allan & Associates, Inc., Respondent-Appellant. (Action No. 1.) Georgia Babcock, Individually and as Guardian and Natural Mother of Linda Babcock and Another, Infants, Appellant, v. Chris Allan et al., Defendants, and Hugh Allan, Respondent. (Action No. 2.) (Appeal No. 3.)

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

November 15, 1985

Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum:

The order is modified by dismissing the complaint in action No. 1 against the defendants Hugh Allan and Hugh Allan & Associates. On their motion for summary judgment, those defendants met their burden by submitting proof in evidentiary form that they did not own the automobile driven by Chris...

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