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LEVINE v. TOLCHIN

239 A.D.2d 279 (1997)

657 N.Y.S.2d 685

Marie Levine, Individually and as Administratrix of The Estate of Peter Levine, Deceased, Respondent, v. Jeffrey D. Tolchin et al., Appellants

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

May 22, 1997

The motion court correctly held that the hearing before the Department of Motor Vehicles pursuant to Vehicle and Traffic Law § 510, to determine whether the circumstances of this fatal accident warranted the suspension or revocation of defendant driver's license, did not provide plaintiff with a full and fair opportunity to litigate the issue of defendant's culpability for the accident. The hearing was of a very short duration...

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