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DAWLEY v. McCUMBER

45 A.D.3d 1399 (2007)

845 N.Y.S.2d 888

MELISSA J. DAWLEY, Individually and as Administratrix of the Estate of SCOTT A. DAWLEY, Deceased, Respondent, v. ROBERT McCUMBER, Appellant, and ROGER M. DECKER, JR., et al., Respondents. (Action No. 1.) ROGER M. DECKER, JR., Respondent, v. ROBERT McCUMBER et al., Defendants. (Action No. 2.)

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

Decided November 9, 2007.

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

Memorandum:

Plaintiff commenced action No. 1 seeking damages for the wrongful death of her husband (decedent), who was killed in a motor vehicle accident. The accident occurred when a vehicle operated by Robert McCumber (defendant), a defendant in action Nos. 1 and 2, crossed over into the opposite lane of traffic and collided with a truck that...

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