PUBLIC ADMINISTRATOR OF KINGS COUNTY v. CANADA DRY BOTTLING COMPANY OF NEW YORK


16 A.D.3d 397 (2005)

790 N.Y.S.2d 711

PUBLIC ADMINISTRATOR OF KINGS COUNTY, Respondent, v. CANADA DRY BOTTLING COMPANY OF NEW YORK, Appellant, et al., Defendant. (And a Third-Party Action.)

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

March 7, 2005.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the branch of the motion which was to strike the appellant's statute of limitations defense with respect to the wrongful death cause of action is denied, the cross motion is granted, and that cause of action is dismissed insofar as asserted against the appellant.

The appellant made a prima facie showing of entitlement to judgment as a matter of law dismissing the plaintiff's wrongful...

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