WACHOWICZ v. CZARNECKI


191 A.D.2d 994 (1993)

595 N.Y.S.2d 271

Michael Wachowicz et al., as Coadministrators of The Estate of Michael Wachowicz, Deceased, Respondents, v. Linda S. Czarnecki, Appellant

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

March 12, 1993


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied defendant's motion for summary judgment in this action to recover damages stemming from the death of 13-year-old Michael Wachowicz. Defendant has failed to establish, as a matter of law, that death was instantaneous or that decedent was incapable of experiencing pain from the time of the accident at 7:43 P.M. until he was officially pronounced dead at 8:15 P.M., as reflected in...

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