It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is denied.
Memorandum:
Plaintiff commenced this personal injury action, individually and on behalf of his wife (decedent), seeking damages for her wrongful death as well as for her pain and suffering arising from a motor vehicle accident in 1990. The vehicle driven by decedent was struck by a truck operated by former defendant...
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