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Anderson v. Rowe

73 A.D.2d 1030, 425 N.Y.S.2d 180, 1980 N.Y. App. Div. LEXIS 9979
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 11, 1980
StatusPublished
Cited by29 cases

This text of 73 A.D.2d 1030 (Anderson v. Rowe) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Rowe, 73 A.D.2d 1030, 425 N.Y.S.2d 180, 1980 N.Y. App. Div. LEXIS 9979 (N.Y. Ct. App. 1980).

Opinion

Order unanimously affirmed, without costs. Memorandum: The motion for summary judgment dismissing the claims for conscious pain and suffering brought by the administrator of the estates of Janet Anderson and Judy Anderson was properly granted. All of the evidence shows that these girls were killed instantly upon impact. The plaintiff was not able to present any evidence that they suffered any conscious pain. Nor was the plaintiff able to show evidence from which one might imply that the decedents were aware of the danger and suffered from preimpact terror. Summary judgment was properly granted in the second action because it was not timely brought. Special Term did not abuse its discretion in denying plaintiff’s motion to amend his complaint (CPLR 3025, subd [b]). (Appeal from order of Livingston Supreme Court—dismiss causes of action.) Present—Cardamone, J. P., Hancock, Jr., Schnepp, Callahan and Moule, JJ.

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Cite This Page — Counsel Stack

Bluebook (online)
73 A.D.2d 1030, 425 N.Y.S.2d 180, 1980 N.Y. App. Div. LEXIS 9979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-rowe-nyappdiv-1980.