Judgment reversed and order reversed insofar as reviewed, on the law, motion to amend granted, and new trial granted, with costs to abide the event.
Bearing in mind that the plaintiff in a wrongful death action is not held to as high a degree of proof as is a plaintiff in a personal injury action (see Noseworthy v City of New York, 298 N.Y. 76, 80), and that, since this case never reached the jury, we must consider plaintiff's proof "in the light most beneficial...
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