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MONTALVO v. CHIARAMONTE

2816, 302602/08.

74 A.D.3d 455 (2010)

902 N.Y.S.2d 520

BELINDA WISE MONTALVO, Individually and as Administratrix of the Estate of JUAN E. MONTALVO, Deceased, Appellant, v. DANTE M. CHIARAMONTE et al., Respondents.

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

Decided June 3, 2010.

The first cause of action seeks to recover damages for the personal injuries sustained by the decedent, i.e., for his conscious pain and suffering (see Ratka v St. Francis Hosp., 44 N.Y.2d 604, 609 [1978]; Lancaster v 46 NYL Partners, 228 A.D.2d 133, 138 [1996]; Matter of Ruiz v New York City Health & Hosps. Corp., 165 A.D.2d 75

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