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KEMP v. KEMP

224 A.D.2d 938 (1996)

637 N.Y.S.2d 893

Joey Kemp, an Infant, by Robert Kemp and Another, as His Parents and Natural Guardians, Respondent, v. Corrinne Kemp, as Administratrix of The Estate of Anthony J. Randazzo, IV, Deceased, Defendant, and Robert H. Hurley, Appellant

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

February 2, 1996

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court erred in denying the motion of Robert H. Hurley (defendant) for summary judgment dismissing the complaint. Where, as here, "defendant establishes that a head-on collision was caused by plaintiff's crossing over into defendant's lane of travel, defendant has established `a complete defense to plaintiff's action'" (Gouchie v Gill,

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