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BUTLER v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

274 A.D.2d 924 (2000)

711 N.Y.S.2d 607

DAVID B. BUTLER, as Successor Executor of ETHEL M. SOUTHARD, Deceased, Appellant, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.

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

Decided July 27, 2000.

Lahtinen, J.

Ethel M. Southard was seriously injured in a two-car motor vehicle accident on November 27, 1996 in which her 96-year-old mother, riding as a passenger in her car, was killed. In March 1997 Southard, individually and as administrator of her mother's estate, commenced a negligence action against the driver of the other motor vehicle involved in the accident seeking damages for her injuries and her mother's wrongful death. Southard's claim was eventually...

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