KOVACH v. McCOLLUM

1171 CA 17-00682.

155 A.D.3d 1644 (2017)

64 N.Y.S.3d 848

2017 NY Slip Op 08121

VALERIE KOVACH, as Administratrix of the Estate of WESLEY ALAN KOVACH, Deceased, Respondent, v. KATHLEEN McCOLLUM, as Co-administratrix of the Estate of CALDON S. McCOLLUM, Deceased, et al., Appellants.

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

Decided November 17, 2017.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of plaintiff's motion with respect to the affirmative defense of culpable conduct on the part of plaintiff's son and reinstating that defense, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for the death of her son, who was a passenger in a pickup truck operated by defendants' son that went off...

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