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DELOSH v. AMYOT

528315.

186 A.D.3d 1793 (2020)

130 N.Y.S.3d 129

2020 NY Slip Op 05003

Brenda Delosh, Individually and as Administrator of the Estate of Mitchell D. Heimbach, Deceased, Appellant, v. James Amyot, as Executor of the Estate of Ellen M. Amyot, Deceased, Respondent.

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

Decided September 17, 2020.

On April 18, 2017, plaintiff's son (hereinafter decedent) was killed when the bicycle he was riding collided with a vehicle operated by Ellen M. Amyot. The only witnesses to the collision were decedent, Amyot and her husband, who was a passenger in the vehicle. In September 2017, both Amyot and her husband died. Thereafter...

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