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HERBERT v. MORGAN DRIVE-A-WAY, INC.

202 A.D.2d 886 (1994)

609 N.Y.S.2d 407

Batoul Herbert et al., Appellants, v. Morgan Drive-a-Way, Inc., et al., Respondents, et al., Defendant. (Action No. 1.) Dorothy Mollicone, Appellant, v. Errol K. Miller et al., Respondents. (And a Third-Party Action.) (Action No. 2.)

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

March 24, 1994

Casey, J.

On November 29, 1990 at about 2:05 P.M., defendant Errol K. Miller was traveling south in his tractor truck without a trailer on State Route 32 in the Town of Plattekill, Orange County. The only other vehicle involved in the accident giving rise to these lawsuits was owned and operated by Thomas Mollicone, in which his wife, Dorothy Mollicone, was a front-seat passenger and a Batoul Herbert occupied that part of the back seat behind Mrs. Mollicone...

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