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ROY v. VOLONINO

262 A.D.2d 546 (1999)

694 N.Y.S.2d 399

LYNDA ROY, as Administrator of the Estate of KAREN L. ROY, Also Known as KAREN ROY, Deceased, Respondent, v. KENNETH VOLONINO et al., Defendants, and LISA'S BLUE SPRUCE INN, INC., Appellant.

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

Decided June 21, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

Shortly after leaving the premises of the defendant L & G Pub Inc., d/b/a Village Pub (hereinafter the Village Pub), the defendant Kenneth Volonino, while operating his motor vehicle, struck and killed Karen Lynn Roy. Volonino was arrested at the scene for driving while intoxicated and, approximately two hours later, was administered a test which indicated a blood alcohol content of .21%...

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