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KELLEHER v. F.M.E. AUTO LEASING CORP.

192 A.D.2d 581 (1993)

596 N.Y.S.2d 136

James J. Kelleher IV, Respondent-Appellant, v. F.M.E. Auto Leasing Corp., Appellant-Respondent, et al., Defendant, and Black Oak Saloon, Respondent

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

April 12, 1993

Ordered that the judgment, as amended, is affirmed insofar as appealed from, without costs or disbursements; and it is further,

Ordered that the order is affirmed, without costs or disbursements.

The instant appeal stems from the tragic death of George Beatty on a cold and snow-covered Suffolk County street. The evidence adduced at trial established that at approximately 11:00 P.M. on February 3, 1985, after dinner at a local restaurant, 72-year-old George...

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