Alvarez v. 21st Century Renovations Ltd.

Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered November 17, 2008, which, to the extent appealed from, granted defendant 100 Caryl Avenue Realty’s (Caryl) motion for partial summary judgment dismissing plaintiffs’ claim for conscious pain and suffering, unanimously reversed, on the law, without costs, the motion denied and the claim reinstated.

Decedent perished in a five-alarm fire in her building in Yonkers, New York. When this action ensued, the superintendent of the building, decedent’s friend, testified at a deposition that at approximately 5:30 to 5:45 p.m., an…