Francesco v. Empress Ambulance Service, Inc.

In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated December 16, 2011, which denied her motion for summary judgment on the issue of liability against the defendants Empress Ambulance Service, Inc., doing business as Empress Emergency Medical Services, and Christophe Reiland.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiffs motion which was for summary judgment on the issue of liability against the defendant…