Heidell, Pittoni, Murphy & Bach, LLP, White Plains, NY ( Daniel S. Ratner and Daryl Paxson of counsel), for appellant Bestcare, Inc.
Sauchik & Giyaur, P.C., New York, NY ( Alec Sauchik of counsel), for respondent.
Dillon, J.P., Austin, Duffy and Barros, JJ., concur.
Appellate Division of the Supreme Court of New York, Second Department.
Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the defendants' separate motions which were to dismiss the cause of action to recover damages for wrongful death insofar as asserted against each of them for lack of capacity to sue, and substituting therefor a provision granting those branches of the motions; as so modified, the order is affirmed insofar as appealed from...
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