MIC PROPERTY & CASUALTY CORP. v. AVILA


65 A.D.3d 1303 (2009)

886 N.Y.S.2d 186

MIC PROPERTY & CASUALTY CORP., Respondent, v. MERQUI G. AVILA et al., Defendants, and KAREN SINGLETON BEARDS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 29, 2009.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment is denied.

On October 3, 2005, the defendant Merqui G. Avila (hereinafter Merqui) was driving a car owned by the defendant Pedro E. Avila (hereinafter Pedro) when that vehicle struck an automobile owned and operated by the defendant Herbert Singleton, killing one of the passengers in that vehicle, Vinette Louise Singleton, and injuring two others. Merqui and...

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