Ordered that the order is affirmed, with one bill of costs.
The Supreme Court properly granted the respondents' respective cross motions to dismiss the first and fifth causes of action to recover damages for conscious pain and suffering of the decedent and wrongful death insofar as asserted against them, on the ground that the plaintiffs did not have the capacity to sue. The plaintiffs commenced this action individually and on behalf of their infant son, but they...
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