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KASTICK v. U-HAUL COMPANY OF WESTERN MICHIGAN

259 A.D.2d 970 (1999)

688 N.Y.S.2d 857

KATHERINE M. KASTICK, Individually and as Executrix of THEODORE H. KASTICK, Deceased, Appellant-Respondent, et al., Plaintiff, v. U-HAUL COMPANY OF WESTERN MICHIGAN et al., Respondents-Appellants. (Appeal No. 1.)

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

Decided March 19, 1999.

Judgment unanimously reversed on the law with costs to plaintiff and new trial granted.

Memorandum:

Supreme Court erred in dismissing the wrongful death cause of action. The certified hospital bills for decedent's medical care, which were admitted into evidence, are prima facie evidence (see, People v Mertz, 68 N.Y.2d 136, 148) that the amounts charged were reasonable and necessary (see, CPLR 4518 [b]). Contrary...

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