Voyages v. Roger's Pharmacy, Inc.

In an action to recover damages for wrongful death, etc., the defendant appeals from an order of the Supreme Court, Queens County (Price, J.), dated August 21, 2002, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

On February 17, 1999, the plaintiffs decedent committed suicide by consuming a quantity of prescription and nonprescription drugs and tying a plastic bag over his head until he was asphyxiated. A number of manufacturers’ bottles of prescription…