SMART v. SCHWEIZER


255 A.D.2d 856 (1998)

680 N.Y.S.2d 327

Kandis M. Smart, Individually and as Administrator of The Estate of Gary Smart, Deceased, Appellant, v. Henry Schweizer et al., Defendants, and Ford Motor Company et al., Respondents

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

November 25, 1998


Carpinello, J.

On September 9, 1994, Gary Smart (hereinafter decedent) and defendant Henry Schweizer, a Schoharie County resident, were involved in a motor vehicle accident on State Route 30A in the Town of Schoharie, Schoharie County. Decedent was hospitalized in Schenectady County as a result of his injuries. In November 1994, plaintiff commenced this action designating Schenectady County as the venue for trial. Decedent died on

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