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REBOLLAL v. PAYNE

135 Misc.2d 846 (1987)

Amadeo Rebollal, Individually and as Administrator of The Estate of Maureen Rebollal, Deceased, Plaintiff, v. Harry B. Payne et al., Defendants.

Supreme Court, Trial Term, Suffolk County.

January 30, 1987

Attorney(s) appearing for the Case

Martin Bradley Ashare, County Attorney, for County of Suffolk, defendant. Peter J. Hersha for Harry B. Payne and another, defendants. Keegan & Keegan for plaintiff.

MELVYN TANENBAUM, J.

This motion by defendant County of Suffolk for summary judgment pursuant to CPLR 3212 is granted.

In this wrongful death action the facts as viewed in the light most favorable to plaintiff establish that on January 2, 1983 the deceased plaintiff was fatally injured in a collision between her automobile and one operated by defendant Payne and owned by defendant Oxford. At the time...

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