MATTER OF SCHOHARIE CRASH

904159-20.

71 Misc.3d 934 (2021)

146 N.Y.S.3d 427

2021 NY Slip Op 21079

In the Matter of SCHOHARIE LIMOUSINE CRASH OF OCTOBER 6, 2018. MICHAEL CAVOSIE, Individually and as Administrator of the Estate of RACHAEL CAVOSIE, Deceased, Plaintiff, v. SHAHED HUSSAIN, Doing Business as PRESTIGE LIMOUSINE AND CHAUFFER SERVICES and/or Others, et al., Defendants. JILL PEREZ, as Administratrix of the Estate of MATTHEW COONS, Deceased, Plaintiff, v. SHAHED HUSSAIN, Individually and Doing Business as PRESTIGE LIMOUSINE AND CHAUFFEUR SERVICES and Others, et al., Defendants. KEVIN C. CUSHING et al., as Co-Administrators of the Estate of PATRICK K. CUSHING, Deceased, Plaintiffs, v. SHAHED HUSSAIN, Doing Business as PRESTIGE LIMOUSINE AND CHAUFFER SERVICES and/or Others, et al., Defendants. EDWARD J. HALSE, as Administrator of the Estate of AMANDA D. HALSE, Deceased, Plaintiff, v. SHAHED HUSSAIN, Also Known as MALIK SHAHID HUSSAIN and Others, Individually and Doing Business as PRESTIGE LIMOUSINE AND CHAUFFEUR SERVICES and Others, et al., Defendants. JACLYN SCHNURR, Individually and as Administratrix of the Estate of BRIAN G. HOUGH, Deceased, Plaintiff, v. SHAHED HUSSAIN, Doing Business as PRESTIGE LIMOUSINE AND CHAUFFEUR SERVICES and Others, et al., Defendants. KEITH LISINICCHIA, as Administrator of the Estate of SCOTT LISINICCHIA, Deceased, et al., Plaintiffs, v. MAVIS TIRE SUPPLY, LLC, et al., Defendants. ANTHONY VERTUCCI, as Administrator of the Estate of ERIN McGOWAN, Deceased, et al., Plaintiffs, v. SHAHED HUSSAIN, Individually and Doing Business as PRESTIGE LIMOUSINE AND CHAUFFEUR SERVICES, et al., Defendants. ELIZABETH MULDOON, as Administratrix of the Estates of ADAM G. JACKSON and Another, Deceased, et al., Plaintiffs, v. SHAHED HUSSAIN, Also Known as MALIK SHAHID HUSSAIN and Others, Individually and Doing Business as PRESTIGE LIMOUSINE AND CHAUFFEUR SERVICES and Others, et al., Defendants. THOMAS RIVENBURG et al., as Co-Administrators of the Estate of AMANDA R. RIVENBURG, Deceased, Plaintiffs, v. MAVIS DISCOUNT TIRE, INC., et al., Defendants. JOAN SCHNURR, as Administratrix of the Estate of JAMES J. SCHNURR, Deceased, Plaintiff, v. SHAHED HUSSAIN, Doing Business as PRESTIGE LIMOUSINE AND CHAUFFEUR SERVICES and Others, et al., Defendants. JANET STEENBURG, as Administrator of the Estate of AXEL STEENBURG, Deceased, Plaintiff, v. SHAHED HUSSAIN, Individually and Doing Business as PRESTIGE LIMOUSINE AND CHAUFFEUR SERVICES and Others, et al., Defendants. KIMBERLY STEENBURG, as Administrator of the Estate Of RICHARD STEENBURG, Deceased, Plaintiff, v. SHAHED HUSSAIN, Individually and Doing Business as PRESTIGE LIMOUSINE AND CHAUFFEUR SERVICES and Others, et al., Defendants.

Supreme Court, Albany County.

Decided April 2, 2021.


Attorney(s) appearing for the Case

Yankwitt, LLP, White Plains ( Russell Yankwitt and Benjamin R. Allee of counsel), for Mavis Discount Tire, Inc. and others, defendants.

Martin, Harding & Mazzotti, LLP, Niskayuna ( Thomas J. Mortati and Cassandra Kazukenus of counsel), liaison attorney for plaintiffs.

Bond Schoeneck & King, PLLC, Rochester ( Michael R. Wolford of counsel), for Jaclyn Schnurr and another, plaintiffs.

Wilson Elser Moskowitz Edelman & Dicker, LLP, Albany ( Marc J. Kaim of counsel), for Shahed Hussain and others, defendants.

O'Connor, O'Connor, Bresee & First, PC, Albany ( Dennis A. First of counsel), for The Apple Barrel Country Store, defendant.


OPINION OF THE COURT

Defendants Mavis Discount Tire, Inc., Mavis Tire Supply LLC, Mavis Tire NY LLC, Mavis Tire Holdings LLC, Mavis Tire Supply LLC, doing business as Mavis Discount Tire Express Services Corp., Mavis Tire Express Services Topco, L.P., and Mavis Tire New York, LLC (hereinafter Mavis or the Mavis defendants...

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