SESAN v. AM. HOME PRODS. CORP.


52 A.D.2d 1058 (1976)

Barbara L. Sesan, as Executrix of Herman Sesan, Deceased, Appellant, v. American Home Products Corp. et al., Respondents. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 28, 1976


Order reversed, without costs, and motion granted in accordance with the following memorandum: This appeal is before us as the result of an order which denied the motion of plaintiff, Barbara Sesan as executrix of Herman Sesan, deceased, to restore her action to the Trial Calendar. Following an operation in 1967 plaintiff's husband died and a malpractice action for conscious pain and suffering and wrongful death was thereafter timely instituted in 1968 by her against the...

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