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McCABE v. COMPETITION IMPORTS, INC.

307 A.D.2d 576 (2003)

762 N.Y.S.2d 157

JANET McCABE, as Administrator of the Estate of THADDEUS BOYCE, Deceased, and as Guardian of ALYSSA BOYCE, et al., Respondent-Appellant, v. COMPETITION IMPORTS, INC., Doing Business as COMPETITION BMW OF SMITHTOWN, Appellant-Respondent, et al., Defendant.

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

Decided July 17, 2003.

Lahtinen, J.

On January 16, 2001, defendant Melissa J. Rifenburg purchased a 1995 BMW automobile from defendant Competition Imports, Inc. At the time of the sale, Competition issued a temporary registration for the vehicle to Rifenburg pursuant to Vehicle and Traffic Law § 420-a. Rifenburg was in a single vehicle accident early the following morning, January 17, 2001, and she subsequently admitted that, at the time of the accident, she was intoxicated and driving...

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