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ESPOSITO v. REA

243 A.D.2d 536 (1997)

665 N.Y.S.2d 287

Fiore Esposito, as Administrator of The Estate of Frances Esposito, Deceased, Respondent, v. Joseph Rea, Defendant, and Joan Gleeson, Appellant

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

October 14, 1997

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint and any cross claims are dismissed insofar as asserted against the defendant Joan Gleeson.

Contrary to the plaintiff's contentions, even if the appellant was negligent in permitting her automobile to run out of gas and pulling over to the side of the road, this was not a proximate cause of the death of the plaintiff's decedent...

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