Greene v. City of New York

OPINION OF THE COURT

Arnold N. Price, J.

In this action to recover damages for wrongful death and conscious pain and suffering, defendant City of New York *787seeks an order granting summary judgment dismissing the complaint pursuant to CPLR 3211 (a) (7) and 3212.

Plaintiffs decedent, Mildred Greene, was shot and killed at 4:30 a.m. on October 4, 1987 at Big D’s Car Service in Jamaica where she worked part time as a radio dispatcher. On September 2, 1987, Ms. Greene was a witness to a shooting in which four men were injured outside of Big D’s. Ms. Greene assisted the police in their investigation of…