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MARUS v. VILLAGE MEDICAL

51 A.D.3d 879 (2008)

858 N.Y.S.2d 735

LILLIAN MARUS, Respondent, v. VILLAGE MEDICAL et al., Appellants, et al., Defendant.

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

Decided May 20, 2008.

Ordered that the judgment is reversed, on the law, and the motion of the defendants Village Medical and Adam Semegran pursuant to CPLR 4401 for judgment as a matter of law dismissing the cause of action to recover damages for wrongful death is granted; and it is further,

Ordered that the order entered July 6, 2006 is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendants...

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