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MATTER OF YADDOW v. ESTATE OF SMITH

130 A.D.2d 838 (1987)

In the Matter of Howard M. Yaddow et al., Individually and as Parents of Charles V. Yaddow, an Infant, Respondents, v. Estate of Kenneth J. Smith, Deceased, Appellant

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

May 7, 1987

Levine, J.

Charles V. Yaddow (hereinafter the infant) sustained serious head and other injuries in 1983 when he was thrown from a motorcycle owned and operated by decedent, Kenneth J. Smith. Smith had maintained a liability insurance policy on the motorcycle with only a coverage of $10,000. Shortly after the accident, petitioners applied for and received court approval of a settlement with respondent by payment of the full policy limit. Thereafter, petitioners...

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