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KOVIT v. ESTATE OF KATHERINE HALLUMS

261 A.D.2d 442 (1999)

690 N.Y.S.2d 82

LEWIS KOVIT et al., Respondents, v. ESTATE OF KATHERINE HALLUMS et al., Respondents, and CITY OF NEW YORK, Appellant.

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

Decided May 10, 1999.

Ordered that the judgment is reversed, on the law and the facts, and a new trial is granted as to both liability and damages, with costs to abide the event.

The decedent of the defendant estate (hereinafter the decedent) was driving her vehicle when it collided with a vehicle owned by the New York City Health and Hospitals Corporation (hereinafter HHC). The occupants of the HHC vehicle, who were in radio contact with a nearby HHC hospital, advised HHC employees of...

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