Ordered that the order is affirmed insofar as appealed from, without costs or disbursements; and it is further,
Ordered that the order is reversed insofar as cross-appealed from, on the law, without costs or disbursements, and that branch of the defendant's cross motion which was for summary judgment dismissing so much of the wrongful death cause of action as was to recover for pecuniary loss based upon alleged lost earnings is granted.
In November 2001, the...
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