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TURNER v. TURNER

216 A.D.2d 911 (1995)

629 N.Y.S.2d 139

Nichol Turner, as Administratrix of The Estate of Robert Turner, Jr., Deceased and as Parent and Natural Guardian of Lisa M. Turner and Another, Infants, Plaintiff, v. Robert Turner, Sr., et al., Defendants. (Action No. 1.) Nichol Turner, as Administratrix of The Estate of Robert Turner, Jr., Deceased, and as Parent and Natural Guardian of Lisa M. Turner and Another, Infants, Appellant, v. Merchants Mutual Insurance Company et al., Respondents. (Action No. 2.) (Appeal No. 2.)

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

June 9, 1995

Order unanimously affirmed without costs.

Memorandum:

In 1986 plaintiff commenced an action (No. 1), as administratrix of her husband's estate and on behalf of her infant children against Robert Turner, Sr. (Turner), to recover damages for the pain and suffering and wrongful death of decedent. In 1990 plaintiff commenced this action (No. 2) against defendants Merchants Mutual Insurance Company (Merchants Mutual) and Home Mutual Insurance Company (Home Mutual...

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