DAUBER v. STONE

2009-01998

76 A.D.3d 699 (2010)

907 N.Y.S.2d 291

RICHARD DAUBER, as Administrator of the Estate of SUSAN DAUBER, Deceased, Appellant, v. KEN LAMONT STONE et al., Respondents, and SUSAN M. SCHWARTZ et al., Appellants, et al., Defendant. (Action No. 1.) SUSAN M. SCHWARTZ, Appellant, v. RICHARD DAUBER, as Administrator of the Estate of SUSAN DAUBER, Deceased, et al., Appellants, and KEN LAMONT STONE et al., Respondents, et al., Defendants. (Action No. 2.) STATE FARM MUTUAL INSURANCE COMPANY, as Subrogee of LAWRENCE E. SCHWARTZ, Plaintiff, v. ELRAC, INC., et al., Defendants/Third-Party Plaintiffs-Appellants. MGM TRANSPORT CORP. et al., Third-Party Defendants-Respondents. (Action No. 3.) RICHARD DAUBER, as Administrator of the Estate of SUSAN DAUBER, Deceased, et al., Appellants, v. VANITY FAIR MANUFACTURERS, INC., Doing Business as VANITY FAIR, Respondents. (Action No. 4.)

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

Decided August 31, 2010.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

This case arises out of a multivehicle accident that took place on January 27, 2006, at 11:50 A.M., in the eastbound lane of Sunrise Highway, in Nassau County. At that time, a tractor-trailer owned by MGM Transport Corp. (hereinafter MGM) and operated by Ken Lamont Stone was double-parked so that it extended into the right eastbound...

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