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WILLIAMS v. BRIGHT

230 A.D.2d 548 (1997)

658 N.Y.S.2d 910

Charles Williams et al., Plaintiffs, and Gwendolyn Robbins, Respondent, v. Leslie A. Bright as Administratrix of The Estate of Jessie J. Reid, Deceased, et al., Appellants

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

June 5, 1997

Attorney(s) appearing for the Case

Kathleen Peratis of counsel (Richard Frank, P. C., attorney), for respondent.

Herbert Rubin of counsel (Michael Hoenig, Aaron D. Twerski, David B. Hamm and Miriam Skolnik on the brief; Herzfeld & Rubin, P. C., attorneys), for appellants.

Donald T. Ridley for Watchtower Bible and Tract Society, amicus curiae.

Lois C. Waldman on the brief (Marc D. Stern, attorney), for American Jewish Congress, amicus curiae.

NARDELLI and TOM, JJ., concur with WALLACH, J.; ROSENBERGER, J. P., dissents in a separate opinion.

WALLACH, J.

Plaintiff Robbins was a passenger in an automobile driven by her 70-year-old father on an upstate highway. An eyewitness saw the car veer off the road at about 65 miles per hour and turn over in a culvert on adjoining farmland. There was circumstantial evidence that the driver, who had driven with this plaintiff and other family members early that morning...

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