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POWERS v. NIAGARA MOHAWK

129 A.D.2d 37 (1987)

Barbara Powers, as Administratrix of The Estate of Robert M. Kingsland, Deceased, Appellant, v. Niagara Mohawk Power Corporation et al., Defendants, and Glenville Beer Distributors, Ltd., Respondent. (Action No. 1.) Cheryl A. Gaar, an Infant, by Donna J. Gaar, Her Parent and Natural Guardian, et al., Appellants, v. Donald J. Ritz et al., Defendants, and Glenville Beer Distributors, Ltd., Respondent. (Action No. 2.) Vikki M. Peek, an Infant, by Alfred J. Peek, Her Parent and Natural Guardian, et al., Appellants, v. Donald J. Ritz et al., Defendants, and Glenville Beer Distributors, Ltd., Respondent. (Action No. 3.)

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

June 11, 1987

Attorney(s) appearing for the Case

Grasso, Rodriguez, Putorti & Grasso (Michael E. Basile of counsel), for appellant in action No. 1.

Nicholas D. Morsillo for appellants in actions Nos. 2 and 3.

Edward A. McMahon for respondent.

MAHONEY, P. J., CASEY and HARVEY, JJ., concur with WEISS, J.; KANE, J., concurs in part and dissents in part in an opinion.

WEISS, J.

The instant actions were precipitated by an early morning vehicular accident on September 22, 1983, when a van driven by defendant Donald J. Ritz struck a utility pole off the Lock 8 Access Road in the Town of Glenville, Schenectady County. Vikki M. Peek, Cheryl A. Gaar, Robert Merrill Kingsland and another person were passengers in the van. At approximately 6:30 P.M. the previous evening, the group...

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