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COLE v. O'TOOLES OF UTICA

222 A.D.2d 88 (1996)

643 N.Y.S.2d 283

Ronald D. Cole, Individually and as Administrator of The Estate of Tania L. Cole, Deceased, et al., Appellants, v. O'Tooles of Utica, Inc., Respondent, et al., Defendants. (Appeal No. 1.)

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

May 31, 1996

Attorney(s) appearing for the Case

Coupe, Siegel, Hester, Stephens, Kahler & Manion, Utica (Michael H. Stephens of counsel), for appellants.

Johnson, Atkinson, Getnick & Livingston, Utica (Thomas L. Atkinson of counsel), for O'Tooles of Utica, Inc., respondent.

GREEN, J. P., LAWTON, WESLEY and BOEHM, JJ., concur.

DOERR, J.

At about 2:00 A.M. on July 7, 1990, 18-year-old Tania Cole, the daughter of plaintiffs Ronald and Terri Cole, was killed while a passenger in a car being driven by Joseph Gorsky, who failed to negotiate a sharp curve on Steuben Valley Road. The car went into a ditch and down an embankment, and flipped over onto its roof. Gorsky was also killed and another passenger in the vehicle, Adam Boudreau, sustained...

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