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

Appellate Division of the Supreme Court of the State of New York·Decided June 16, 1975·Published

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] decedent required by EPTL 5-4.1. Rabin, Acting P. J., Hopkins, Martuscello, Brennan and Shapiro, JJ., concur.

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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] decedent required by EPTL 5-4.1. Rabin, Acting P. J., Hopkins, Martuscello, Brennan and Shapiro, JJ., concur.

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).

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