Wachowicz v. Czarnecki

Appellate Division of the Supreme Court of New York

Wachowicz v. Czarnecki

191 A.D.2d 994, 595 N.Y.S.2d 271

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 12, 1993

StatusPublished

Cited by1 cases

This text of 191 A.D.2d 994 (Wachowicz v. Czarnecki) 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

Wachowicz v. Czarnecki, 191 A.D.2d 994, 595 N.Y.S.2d 271 (N.Y. Ct. App. 1993).

Pincite

Opinion

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment in this action to recover damages stemming from the death of 13-year-old Michael Wachowicz. Defendant has failed to establish, as a matter of law, that death was instantaneous or that decedent was incapable of experiencing pain from the time of the accident at 7:43 p.m. until he was officially pronounced dead at 8:15 p.m., as reflected in the death certificate (see, Jehle v Hertz Corp., 174 AD2d 812).

Whether plaintiffs are entitled to recover damages for the wrongful death of decedent cannot be determined as a matter of law. Determination thereof is a matter resting within the jury’s province (see, Parilis v Feinstein, 49 NY2d 984, 985). (Appeal from Order of Supreme Court, Erie County, Joslin, J. —Summary Judgment.) Present — Callahan, J. P., Green, Balio, Lawton and Doerr, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment in this action to recover damages stemming from the death of 13-year-old Michael Wachowicz. Defendant has failed to establish, as a matter of law, that death was instantaneous or that decedent was incapable of experiencing pain from the time of the accident at 7:43 p.m. until he was officially pronounced dead at 8:15 p.m., as reflected in the death certificate (see, Jehle v Hertz Corp., 174 AD2d 812).

Whether plaintiffs are entitled to recover damages for the wrongful death of decedent cannot be determined as a matter of law. Determination thereof is a matter resting within the jury’s province (see, Parilis v Feinstein, 49 NY2d 984, 985). (Appeal from Order of Supreme Court, Erie County, Joslin, J. —Summary Judgment.) Present — Callahan, J. P., Green, Balio, Lawton and Doerr, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

191 A.D.2d 994, 595 N.Y.S.2d 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wachowicz-v-czarnecki-nyappdiv-1993.

Opinion

Related

Cite This Page — Counsel Stack