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McCOMBS v. WILLOUGHBY NURSING HOME

218 A.D.2d 688 (1995)

630 N.Y.S.2d 378

Lucille McCombs, as Administratrix of The Estate of Roy Latimer, Deceased, Plaintiff and Third-Party Defendant-Appellant, v. Willoughby Nursing Home, Defendant and Third-Party Plaintiff-Respondent. Lucille McCombs, Third-Party Defendant-Respondent

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

August 14, 1995

Ordered that the order is affirmed insofar as appealed from, with costs.

The record shows that the court properly entered a default judgment against Lucille McCombs in the third-party action. Consequently, any damages recovered by her as administratrix and sole distributee of the estate of Roy Latimer due to any negligence on the part of Willoughby Nursing Home (hereinafter the nursing home) in causing the death of Roy Latimer would be recovered by the nursing home...

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