Slazak v. Capozzi

—Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Plaintiff and her husband previously commenced an action alleging that defendant’s negligence caused the injuries that they sustained in a motor vehicle accident. Plaintiff’s husband died during the pendency of that action, and plaintiff commenced the instant action against the same defendant to recover damages for her husband’s wrongful death, which allegedly resulted from the same injuries. Defendant’s motion to dismiss the wrongful death complaint was denied (see, Slazak v Capozzi, 265…