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GAIDA-NEWMAN v. HOLTERMANN

34 A.D.3d 634 (2006)

825 N.Y.S.2d 503

BETTE GAIDA-NEWMAN et al., Respondents, v. DEAN A. HOLTERMANN et al., Appellants, et al., Defendant.

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

Decided November 21, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied those branches of the appellants' motion which were for summary judgment dismissing the first cause of action to recover damages for the decedent's conscious pain and suffering, and the fifth cause of action to recover damages for loss of services, insofar as asserted against them as they failed to meet their initial burden of establishing entitlement to judgment...

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