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FORDHAM-COLEMAN v. NATL. FUEL

42 A.D.3d 106 (2007)

834 N.Y.S.2d 422

DONNA FORDHAM-COLEMAN, as Administratrix of the Estate of VELMA ARLENE FORDHAM, Deceased, Appellant-Respondent, v. NATIONAL FUEL GAS DISTRIBUTION CORPORATION, Respondent-Appellant, et al., Defendant.

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

April 20, 2007.

Attorney(s) appearing for the Case

John Feroleto, Attorneys at Law, Buffalo (John P. Feroleto of counsel), for appellant-respondent.

Phillips Lytle LLP, Buffalo (Kevin J. English of counsel), for respondent-appellant.

SCUDDER, P.J., GORSKI, CENTRA and PINE, JJ., concur.

OPINION OF THE COURT

GREEN, J.

On February 19, 2001, the body of 58-year-old Velma Arlene Fordham (decedent) was discovered in her unheated residence at 227 Burgard Place in the City of Buffalo. The Chief Medical Examiner for Erie County subsequently determined that the cause of death was hypothermia. Plaintiff, decedent's daughter, commenced this action as administratrix of decedent's estate, seeking, inter alia, damages for decedent's wrongful death and...

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