GARDNER v. CASON, INC.

2010-01486.

82 A.D.3d 930 (2011)

918 N.Y.S.2d 769

MAYWATTIE PERSAUD GARDNER, Individually and as Administratrix of the Estate of ANTHONY LEWIS GARDNER, Deceased, Respondent, v. CASON, INC., et al., Appellants.

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

Decided March 15, 2011.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability is denied, with leave to renew after the completion of discovery.

The plaintiff commenced this action, as the administrator of the estate of Anthony Lewis Gardner (hereinafter the decedent), who was her husband, and individually, to recover damages arising from a motor vehicle accident that resulted in the death of the decedent. In...

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