Wachowicz v. Czarnecki

—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…