ALLEN v. TOWN OF AMHERST


8 A.D.3d 996 (2004)

778 N.Y.S.2d 598

JAMES F. ALLEN et al., Individually and as Coexecutors of DELIA H. ALLEN, Deceased, Respondents, v. TOWN OF AMHERST, Appellant, et al., Defendant.

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

June 14, 2004.


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

Memorandum:

Plaintiffs commenced this action against defendants, Town of Amherst (Town) and Town Police Officer Brian G. Miller, seeking to recover damages arising from the death of Delia H. Allen (decedent) as a result of a motor vehicle accident between a police vehicle operated by Miller and the vehicle operated by decedent. On a prior appeal...

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