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McDANIEL v. CLARKSTOWN DIST.

110 A.D.2d 349 (1985)

Robert O. McDaniel, Respondent, v. Clarkstown Central School District No. 1 et al., Appellants, and World Wide Volkswagen, Respondent, et al., Defendant

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

November 4, 1985

Attorney(s) appearing for the Case

MacCartney, MacCartney & MacCartney (Harold Y. MacCartney, Jr., of counsel), for Clarkstown Central School District No. 1, appellant.

Herzfeld & Rubin, P. C. (David B. Hamm of counsel), for Volkswagen of America, Inc., and another, appellants.

Lipsig, Sullivan & Liapakis, P. C. (Elise Hogouel Langsam of counsel), for respondent.

MOLLEN, P. J., MANGANO, WEINSTEIN and KUNZEMAN, JJ., concur.

Per Curiam.

This is an action to recover damages for personal injuries and wrongful death. The facts of this case are set forth in more detail in the decision of this court dated May 6, 1985 (McDaniel v Clarkstown Cent. School Dist. No. 1, 111 A.D.2d 151). For the purposes of this motion only, it is not disputed that the court correctly found that plaintiff's decedent, who was...

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