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PURDY v. PUB. ADM'R

127 A.D.2d 285 (1987)

George W. Purdy, Appellant-Respondent, v. Public Administrator of the County of Westchester, as Administrator of The Estate of Emily Shaw, Deceased, Respondent-Appellant, and Bethel Methodist Home et al., Respondents, et al., Defendant

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

April 20, 1987

Attorney(s) appearing for the Case

Keegan & Keegan (Norman Bard of counsel), for appellant-respondent.

Barry, McTiernan & Moore (Michael F. Close of counsel), for respondent-appellant.

O'Connor, McGuiness, Conte, Doyle, Oleson & Collins (Kevin M. Loftus of counsel), for Bethel Methodist Home, respondent.

Mead, Dore & Vout, P. C. (Emanuel Thebner of counsel; Richard L. Magro on the brief), for Elio Argenziano, respondent.

MOLLEN, P. J., THOMPSON and SPATT, JJ., concur.

RUBIN, J.

On November 9, 1979, the plaintiff, who was a customer at a gasoline station in Brewster, New York, sustained serious injuries when a car owned and operated by Emily Shaw smashed into the station at a high rate of speed. On the date of the accident, the 73-year-old Shaw was a voluntary resident of the defendant Bethel Methodist Home (hereinafter Bethel). Bethel is a health-related facility (see...

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