ALCOMBRACK v. SWARTS


49 A.D.3d 1170 (2008)

856 N.Y.S.2d 357

ALICE ALCOMBRACK et al., Respondents, v. W.L. SWARTS, Appellant.

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

Decided March 14, 2008.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, the cross motion is granted and the complaint is dismissed.

Memorandum:

Wesley C. Alcombrack (decedent) and his wife, plaintiff Alice Alcombrack, commenced this action seeking damages for injuries sustained by decedent when the vehicle driven by defendant collided with the pickup truck driven by decedent. Decedent died approximately...

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