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HOLLENBAUGH v. FRONTIER ASPHALT, INC.

231 A.D.2d 865 (1996)

648 N.Y.S.2d 410

John Hollenbaugh, Individually and as Administrator of The Estate of Kathy Hollenbaugh, Deceased, Respondent, v. Frontier Asphalt, Inc., Defendant, and Conesus Coal and Fuel, Ltd., et al., Appellants. (Action No. 1.) David P. Gardner, as Administrator of The Estate of Kimberly Hollenbaugh, Deceased, Respondent, v. Frontier Asphalt, Inc., Defendant, Conesus Coal and Fuel, Ltd., et al., Appellants, and John Hollenbaugh, as Administrator of The Estate of Kathy Hollenbaugh, Deceased, Respondent. (Action No. 2.)

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

September 27, 1996

Order unanimously affirmed with costs.

Memorandum:

In these consolidated actions arising out of a fatal motor vehicle accident, defendants Chemical Waste Management and its employee Gordon Whitt appeal from an order that denied their motions for summary judgment dismissing the complaint against them in each action. Those defendants argue that Whitt could not have avoided the accident, that he responded appropriately in the face of an emergency, and that he...

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