SALATINO v. SALATINO


257 A.D.2d 814 (1999)

684 N.Y.S.2d 35

LINDA R. SALATINO, as Administrator of the Estate of PAUL J. SALATINO, Deceased, Appellant, v. PATRICK SALATINO et al., Respondents.

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

Decided January 14, 1999.


Carpinello, J.

On September 16, 1992, Paul J. Salatino was injured while attempting to straighten the boom on a backhoe/loader owned by defendants, his parents. The accident was unwitnessed. After the filing of this negligence action which alleges that "the boom on the machine * * * malfunctioned and pinned [Salatino's] back and pelvic area to the side of the instrumentality", Salatino died from unrelated causes. Plaintiff has been substituted to prosecute his claim...

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