Ordered that the order is modified, on the law and the facts, by deleting the provision thereof which denied that branch of the motion which was to dismiss the first cause of action to recover damages for wrongful death insofar as it is asserted against the appellant, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the appellant.
The plaintiff's decedent died on September 19, 1985. The...
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