Owens v. Sokol

In a medical malpractice action to recover damages for wrongful death and conscious pain and suffering, the parties cross-appeal from an order of the Supreme Court, Suffolk County, dated April 17, 1978 which denied the defendants’ motions to suppress the deposition of the decedent without prejudice to renew the motions at trial. Order reversed, on the law, without costs or disbursements, and motions to suppress granted. In an effort to perpetuate the testimony of the decedent a deposition was ordered. At the time of the deposition it was obvious that the decedent was in the last throes of…