Wollin v. Darmania

Appellate Division of the Supreme Court of New York

Wollin v. Darmania

48 A.D.2d 887, 372 N.Y.S.2d 966, 1975 N.Y. App. Div. LEXIS 10145

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

DecidedJune 16, 1975

StatusPublished

This text of 48 A.D.2d 887 (Wollin v. Darmania) 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

Wollin v. Darmania, 48 A.D.2d 887, 372 N.Y.S.2d 966, 1975 N.Y. App. Div. LEXIS 10145 (N.Y. Ct. App. 1975).

Pincite

Opinion

In an action to recover damages for wrongful death and conscious pain and suffering, defendant Darmania appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County, dated December 23, 1974, as, upon his cross motion to dismiss the complaint, did not dismiss the cause of action for wrongful death for failure to state a cause of action. Order affirmed insofar as appealed from, without costs. As a pleading, liberally construed, the cause of action for wrongful death sufficiently alleges the necessary prerequisite for the existence of personal representatives of the [888]*888decedent required by EPTL 5-4.1. Rabin, Acting P. J., Hopkins, Martuscello, Brennan and Shapiro, JJ., concur.

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

In an action to recover damages for wrongful death and conscious pain and suffering, defendant Darmania appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County, dated December 23, 1974, as, upon his cross motion to dismiss the complaint, did not dismiss the cause of action for wrongful death for failure to state a cause of action. Order affirmed insofar as appealed from, without costs. As a pleading, liberally construed, the cause of action for wrongful death sufficiently alleges the necessary prerequisite for the existence of personal representatives of the [888]*888decedent required by EPTL 5-4.1. Rabin, Acting P. J., Hopkins, Martuscello, Brennan and Shapiro, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

48 A.D.2d 887, 372 N.Y.S.2d 966, 1975 N.Y. App. Div. LEXIS 10145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wollin-v-darmania-nyappdiv-1975.