Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
Ordered that the motion is granted, and, upon reargument, the unpublished decision and order of this Court dated May 21, 2001, is recalled and vacated, and the following decision and order is substituted therefor:
In an action to recover damages for wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Dutchess County (Pagones, J.), entered...
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