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DELOSH v. AMYOT

533285.

206 A.D.3d 1194 (2022)

170 N.Y.S.3d 291

2022 NY Slip Op 03782

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 June 9, 2022.

Attorney(s) appearing for the Case

Mahlon T. Clements , Morristown, for appellant.

O'Connor, O'Connor, Bresee & First, PC, Albany ( Elizabeth Yoquinto , of counsel), for respondent.

Egan Jr., J.P., Colangelo and Fisher, JJ., concur.

The facts of this case have been fully discussed in Delosh v Amyot (186 A.D.3d 1793 [2020]). Plaintiff's son was killed while riding a bicycle when he collided with a vehicle driven by Ellen M. Amyot. Some months later, Amyot and her husband, the only other witness to the collision, died of causes unrelated to the accident. Plaintiff...

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