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CRANDALL v. LINGENER

113 A.D.2d 529 (1986)

Lenore D. Crandall, as Administratrix of The Estate of David H. Crandall, Deceased, Respondent, v. Darius J. Lingener, Jr., Appellant, et al., Defendant

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

January 2, 1986

Attorney(s) appearing for the Case

Maynard, O'Connor & Smith (Christine K. Krackeler and Roger J. Cusick of counsel), for appellant.

Cade & Saunders, P. C. (Franklin P. Gavin of counsel), for respondent.

MAIN, J. P., WEISS, YESAWICH, JR., and HARVEY, JJ., concur.

CASEY, J.

Plaintiff's husband was killed when he was struck by an automobile driven by defendant Darius J. Lingener, Jr., on April 7, 1982. At the time of the accident, decedent was apparently standing or walking on the highway, having just completed a conversation with defendant Claude T. Groux, who was seated in his automobile which was parked on the shoulder of the highway. The accident occurred after dark...

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