General

Amy M. Horey, as Administratrix, etc., of the Estate of Leon E. Horey, Deceased, Appellant, v. Benjamin Schrutt and Others, Defendants, and William W. Cease, Respondent

263 A.D. 1068·New York Supreme Court, Appellate Division·1942·NY

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Opinion

Amy M. Horey, as Administratrix, etc., of the Estate of Leon E. Horey, Deceased, Appellant, v. Benjamin Schrutt and Others, Defendants, and William W. Cease, Respondent. [MAJORITY] Judgment so far as appealed from affirmed, with costs. All concur. (The part of judgment appealed from dismisses plaintiff’s complaint as to defendant Cease in an action for damages for the death of plaintiff’s intestate resulting from an automobile collision in which one of the automobiles was alleged to be operating in the business of the defendant Cease.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.