TRAN v. NOWAK


245 A.D.2d 1083 (1997)

666 N.Y.S.2d 84

Gina M. Tran et al., Individually and as Administrators of The Estate of Anne O. Tran, Deceased, Respondents, v. Shelly L. Nowak et al., Appellants

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

December 31, 1997


Order unanimously reversed on the law without costs, motion granted, and complaint and cross claims against defendants Min Xu and Genchuan Xu dismissed.

Memorandum:

These actions stem from a motor vehicle accident on June 7, 1995 in the Town of Cheektowaga. At the time of the accident, defendant Min Xu was operating an automobile owned by her father, defendant Genchuan Xu. It is uncontroverted that Min Xu was driving at a legal rate of speed in the proper...

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