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GOV'T EMPLOYEES INS. CO. v. UNIROYAL GOODRICH TIRE CO.

242 A.D.2d 765 (1997)

661 N.Y.S.2d 847

Government Employees Insurance Company, as Subrogee of Isidore Held, et al., Plaintiff, v. Uniroyal Goodrich Tire Company et al., Defendants. (Action No. 1.) Paul Schiffman, as Executor of Evelyn Held, and Another, Deceased, Respondent, v. Uniroyal Goodrich Tire Company, Appellant, et al., Defendants. (Action No. 2.)

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

September 4, 1997

Mikoll, J. P.

This matter arose out of an accident which occurred on Interstate Route 81 in the Town of Whitney, Broome County, when a tire on an automobile driven by Isidore Held blew out or rapidly deflated, causing the Held vehicle to leave the highway and collide with a tree, resulting in the death of both Held and his wife.

In July 1994 action No. 2 was commenced by plaintiff Paul Schiffman, the...

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