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VELEZ v. ROY

Index No. 22599/14. Appeal No. 13163. Case No. 2019-5310.

191 A.D.3d 571 (2021)

138 N.Y.S.3d 860

2021 NY Slip Op 01137

Sorrell Velez, as Administrator of the Estate of Juan Velez, Deceased, Respondent, v. Kandarpo Roy et al., Appellants.

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

Decided February 18, 2021.

Attorney(s) appearing for the Case

McGivney, Kluger, Clark & Intoccia, P.C., New York ( Stephen B. Toner of counsel), for appellants.

Roth & Roth, LLP, New York ( Elliot Shields of counsel), for respondent.

Concur—Renwick, J.P., Kern, Singh, Shulman, JJ.

The decedent died a short while after being struck by defendants' vehicle. The jury's finding that the decedent experienced pain and suffering before he died is supported by a passerby's testimony that the decedent was conscious for a total of about 20 to 30 seconds and plaintiff's expert's testimony that the decedent would have felt pain and suffering while conscious (see Oates v New York City Tr. Auth.,

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