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DODGE v. COMMANDER

18 A.D.3d 943 (2005)

794 N.Y.S.2d 482

AIMEE L. DODGE, Individually and as Parent and Guardian of KARA F. DODGE, an Infant, and as Administrator of the Estate of PAUL R. DODGE, JR., Deceased, Respondent, v. HOWARD COMMANDER, et al., Appellants, et al., Defendants.

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

May 5, 2005.

Mercure, J.

This action arises from the death of plaintiff's husband, Paul R. Dodge, Jr. (hereinafter decedent), who was fatally injured when he was struck by a motor vehicle. As alleged in the complaint, the accident occurred at approximately 4:28 A.M. on September 7, 2002 as decedent walked along County Route 26 in the Town of Nassau, Rensselaer County, from the Lebanon Valley Speedway in West Lebanon, Columbia County to his home in the Town of Averill Park, Rensselaer...

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