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MEDICK v. MILLERS LIVESTOCK MKT., INC.

248 A.D.2d 864 (1998)

669 N.Y.S.2d 776

Violet Medick, Plaintiff, v. Millers Livestock Market, Inc., Appellant, and Charles D. Himelrick, Respondent, et al., Defendant. (Action No. 1.) Nationwide Insurance Company, as Subrogee of Violet Medick, et al., Respondent, v. Millers Livestock Market, Inc., Appellant, et al., Defendants. (Action No. 2.)

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

March 12, 1998

White, J.

On April 27, 1994, an automobile operated by defendant Charles D. Himelrick in which plaintiff Violet Medick (hereinafter plaintiff) was a passenger collided with a cow that had wandered onto the highway from premises where defendant Millers Livestock Market, Inc. was holding a cattle auction. Because the vehicle involved in the accident was owned by plaintiff, her automobile liability insurer, plaintiff...

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