COFFED v. MCCARTHY

449 CA 14-01730

130 A.D.3d 1436 (2015)

12 N.Y.S.3d 751

2015 NY Slip Op 05793

SUSAN M. COFFED, as Administrator of the Estate of JAMES B. COFFED, Deceased, Respondent, v. JOHN N. MCCARTHY et al., Appellants.

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

Decided July 2, 2015.


The order denied defendants' motion for summary judgment dismissing plaintiff's complaint.

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

Memorandum: Plaintiff, as administrator of the estate of her husband (decedent), commenced this action seeking damages for fatal injuries sustained by decedent when the bicycle he was riding collided with a dump truck...

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