GALLAGHER v. KIRSCHNER


220 A.D.2d 948 (1995)

632 N.Y.S.2d 857

Martina M. Gallagher, as Executrix of John J. Crimmins, III, Deceased, Respondent, v. Lewis C. Kirschner, as Limited Administrator of The Estate of Mark L. Larsen, Deceased, et al., Defendants, and H. Stephen Larsen et al., Appellants

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

October 26, 1995


Spain, J.

On May 26, 1988, John J. Crimmins, III (hereinafter decedent) was murdered at his home in Columbia County. Several days later, in the course of the homicide investigation, Mark L. Larsen (hereinafter Larsen) was shot and killed while being pursued by the State Police. In May 1990 plaintiff commenced an action against Larsen's estate seeking damages for, inter alia, the wrongful death of decedent...

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