This is an action to recover damages for wrongful death and conscious pain and suffering. Plaintiffs move for summary judgment with respect to the first, second, third and sixth causes of action set forth in the complaint, and for an assessment of damages (CPLR 3212). Defendant cross-moves for an order dismissing plaintiffs' said third cause of action as legally insufficient (CPLR 3211, subd. [a], par. 7).
The decedent...
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