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ST. CLAIR v. GIROUX

520420.

132 A.D.3d 1199 (2015)

19 N.Y.S.3d 129

2015 NY Slip Op 07888

NORMAN ST. CLAIR et al., Appellants, v. JOSEPH GIROUX, as Clinton County Treasurer and Personal Representative of the Estate of JAMES A. HUGHES, Deceased, Respondent.

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

Decided October 29, 2015.

Appeal from an order of the Supreme Court (Muller, J.), entered August 20, 2014 in Clinton County, which granted defendant's motion for summary judgment dismissing the complaint.

In December 2010, plaintiff Steven St. Clair was refueling his vehicle when it was struck by a vehicle driven by James A. Hughes (hereinafter decedent...

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