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SHERMAN v. COUNTY OF CORTLAND

18 A.D.3d 908 (2005)

795 N.Y.S.2d 121

HEATHER SHERMAN, Individually and as Administrator of the Estate of BEVERLY WITHEY, Deceased, Respondent, v. COUNTY OF CORTLAND, Appellant. (Action No. 1.) SHIRLEY WITHEY, as Guardian of MELISSA SHERMAN, an Infant, Respondent, v. COUNTY OF CORTLAND, Appellant. (Action No. 2.) (And a Third-Party Action.)

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

May 5, 2005.

Spain, J.

These actions stem from a single-car automobile accident which occurred on Cincinnatus Road in the Town of Cincinnatus, Cortland County on July 1, 1999. The driver, Beverly Withey (hereinafter decedent), was killed in the accident and her daughter, Melissa Sherman, suffered serious injury. Thereafter plaintiff Heather Sherman, on her own behalf as decedent's daughter and as administrator of decedent's estate, commenced a wrongful death action against defendant...

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