WALINCHUS v. LUBECK

2014-00884, Index No. 1493/12.

124 A.D.3d 631 (2015)

KENDRA WALINCHUS, as Administratrix of the Estate of SETH WALINCHUS, Deceased, Appellant, v. JANET LUBECK, as Administratrix C.T.A. of the Estate of GEORGE R. LUBECK, Deceased, Respondent, et al., Defendant.

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

Decided January 14, 2015.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant Janet Lubeck, as Administratrix C.T.A. of the Estate of George R. Lubeck, for summary judgment dismissing the complaint insofar as asserted against her is denied.

This case arises from a rear-end collision involving three vehicles. The lead vehicle, driven by the defendant Timothy Cleven, had stopped for...

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