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COLLINS v. McGINLEY

158 A.D.2d 151 (1990)

Corrie Collins, Respondent-Appellant, v. Paul J. McGinley, Sr., et al., Appellants-Respondents

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

July 5, 1990

Attorney(s) appearing for the Case

Thomas J. Leyden (James M. McLaughlin, Jr., of counsel), for respondent-appellant.

Lambert & Weiss (Arthur N. Lambert and Robin Davidson of counsel), for appellants-respondents.

WEISS and MIKOLL, JJ., concur with YESAWICH, JR., J.; KANE, J. P., and HARVEY, J., dissent and vote to reverse in an opinion by KANE, J. P.

YESAWICH, JR., J.

In 1981, plaintiff was a passenger in a vehicle operated by defendant Matthew G. McGinley (hereinafter defendant) and owned by his father, defendant Paul J. McGinley, which failed to stop, as required, before entering an intersection, thereby colliding with a vehicle approaching from the right. Following the collision, plaintiff was taken to the...

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