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HERNANDEZ v. TOWN OF HAMBURG

CA 10-01296.

83 A.D.3d 1507 (2011)

922 N.Y.S.2d 682

NICOLE HERNANDEZ, as Administratrix of the Estate of CHARLES M. LEE, JR., Deceased, and as Parent and Natural Guardian of the Person and Property of MATTHEW LEE, an Infant, Appellant, v. TOWN OF HAMBURG et al., Respondents.

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

Decided April 29, 2011.

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

Memorandum: Plaintiff, as administratrix of the estate of her son's father (decedent) and as parent and natural guardian of her son, commenced this Labor Law and common-law negligence action seeking damages for decedent's wrongful death and conscious pain and suffering as a result of a work-related accident. Decedent was killed when a trench that was being excavated as part...

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