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DEROSA v. AETNA CAS & SUR CO

186 Misc.2d 87 (2000)

715 N.Y.S.2d 597

In the Matter of DAWN M. DEROSA, as Executrix of DONALD DEROSA, Deceased, Petitioner, v. AETNA CASUALTY AND SURETY COMPANY, Respondent.

Supreme Court, Broome County.

June 9, 2000.

Attorney(s) appearing for the Case

O'Connor, Gacioch, Pope & Tait, L. L. P., Binghamton (James C. Gacioch of counsel), for petitioner.

Levene, Gouldin & Thompson, L. L. P., Binghamton (John E. Murray of counsel), for respondent.

OPINION OF THE COURT

PHILLIP R. RUMSEY, J.

In April 1995, a tragic automobile accident took the lives of petitioner's decedent, Donald F. DeRosa, and his co-worker, Mark J. Petrylak. The accident occurred when Petrylak drove the vehicle (in which DeRosa was a passenger) across the center line of the highway and collided with two cars traveling in the opposite direction. Both men died at the scene. After the accident...

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