JONMAIRE v. TOWN OF WEST SENECA


120 A.D.2d 928 (1986)

Nicholas F. Jonmaire, Individually and as Administrator of The Estate of Mary E. Jonmaire, Deceased, Appellant, v. Town of West Seneca, Respondent, et al., Defendant

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

May 23, 1986


Order unanimously modified, on the law, and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum:

In an action to recover damages for wrongful death and decedent's conscious pain and suffering, plaintiff appeals from an order which partially granted the motion of defendant Town of West Seneca for a protective order.

Plaintiff's decedent suffered fatal injuries on January 3, 1984 when she was struck by an automobile on...

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