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DZIEDZIC v. THAYER

292 A.D.2d 845 (2002)

739 N.Y.S.2d 802

RAYMOND J. DZIEDZIC, Individually and as Executor of MARTHA DZIEDZIC, Deceased, Respondent, v. FOSTER H. THAYER, Respondent, and DENNIS J. STACK et al., Appellants, et al., Defendants. (Action No. 1.) KATHERINE DZIEDZIC, Respondent, v. FOSTER H. THAYER, Respondent, and DENNIS J. STACK et al., Appellants, et al., Defendants. (Action No. 2.)

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

Decided March 15, 2002.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

This appeal arises from a five-vehicle accident in which Martha Dziedzic was killed and plaintiff Katherine Dziedzic was injured. The Dziedzic vehicle was initially rearended by a vehicle driven by defendant Foster H. Thayer, causing the Dziedzic vehicle to be involved in a further collision. Contrary to the contention of Dennis J...

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