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SHELDON v. PHH CORP.

Nos. 606, 607, Dockets 97-7453, 97-7385.

135 F.3d 848 (1998)

Peter SHELDON, Conservator of the Estate of Thoburn Milar Stamm III and Cannon Nicholls Stamm, Minors, Plaintiff-Appellant-Cross-Appellee, v. PHH CORPORATION, a foreign corporation, successor to Avis Leasing Corp., f/k/a WE TRY HARDER, INC., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 2, 1998.

Attorney(s) appearing for the Case

Andreas F. Lowenfeld, New York City (Gerald G. Paul, Elizabeth A. O'Connor, Kara H. Stein, Fleming, Zulack & Williamson, LLP, New York City, of counsel), for Plaintiff-Appellant-Cross-Appellee.

Beth J. Goldmacher, Westbury, NY (Frank J. Laurino, Faden & Goldmacher, Westbury, NY, on the brief), for Defendant-Appellee-Cross-Appellant.

Before: WALKER and JACOBS, Circuit Judges, and BRIEANT, District Judge.

JACOBS, Circuit Judge:

The Stamm family, residents of New York, were in a collision while on a car trip to Michigan in 1985. Mr. Stamm was driving; Mrs. Stamm was critically injured. The accident was caused by another driver, who was driving a car leased from We Try Harder, Inc. ("WTH"). In 1986, the parents sued WTH in New York State Supreme Court, and reached a settlement of their claims. Ten years afterward, the two Stamm children (who are still minors) commenced...

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