OSTROWSKI v. BALDI


61 A.D.3d 1403 (2009)

877 N.Y.S.2d 546

WALTER OSTROWSKI et al., Appellants, v. THOMAS C. BALDI et al., Defendants, and TOWN OF WEST SENECA, Respondent.

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

Decided April 24, 2009.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for the wrongful death and conscious pain and suffering of their son (decedent), who was killed while snow tubing down a hill. The accident occurred when decedent failed to stop at the bottom of the hill and was struck by a truck on Indian Church Road. Supreme Court properly granted the motion of defendant Town of...

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