PHIRI v. JOSEPH


32 A.D.3d 922 (2006)

822 N.Y.S.2d 573

KAI N. PHIRI et al., Respondents, v. NATHAN D. JOSEPH et al., Appellants.

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

September 19, 2006.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was for summary judgment dismissing the claim to recover damages for conscious pain and suffering, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

On a motion for summary judgment dismissing the plaintiffs' claim to recover damages for the decedent...

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