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WHITE v. RHODES

34 A.D.3d 951 (2006)

823 N.Y.S.2d 786

MARY E. WHITE, Respondent, v. MICHELLE G. RHODES, Defendant, and NEW YORK MUTUAL INSURANCE COMPANY, Appellant.

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

Decided November 9, 2006.

Spain, J.

In this action, plaintiff seeks to recover for property damages sustained when defendant Michelle G. Rhodes, while pulling out of a parking lot, stepped on her vehicle's gas pedal instead of the brake, lost control of her vehicle and ultimately crashed into one of two, interconnected, above-ground home heating oil storage tanks located on plaintiff's property in the Town of Gardiner, Ulster County. The impact caused...

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