SUTTON v. CITY OF NEW YORK

2012-09367, Index No. 102267/09.

119 A.D.3d 851 (2014)

990 N.Y.S.2d 546

2014 NY Slip Op 05421

ELAINE SUTTON, as Executor of HENRY PIOTROWSKI, Deceased, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided July 23, 2014.


In an action to recover damages for conscious pain and suffering and wrongful death, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Richmond County (Aliotta, J.), dated August 13, 2012, as granted that branch of the defendants' motion which was for summary judgment dismissing the complaint.

[Prior Case History: 36 Misc.3d 1227(A) 2012 NY Slip Op 51525(U).]

Ordered that the order is affirmed insofar...

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