Pepitone v. Smith

In a wrongful death action, in which the plaintiff father, in his individual capacity, seeks to recover medical, hospital and funeral expenses incurred by him, he appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County, dated November 12, 1975, as (1) adhered to a prior determination which granted respondents’ motion for summary judg*755ment dismissing the complaint and (2) dismissed the complaint as against respondents. Order reversed insofar as appealed from, with $50 costs and disbursements, respondents’ motion denied, and complaint reinstated as against…