Salatino v. Salatino

—Carpinello, J.

Appeal from an order of the Supreme Court (Torraca, J.), entered August 11, 1997 in Ulster County, which granted defendants’ motion for summary judgment dismissing the complaint.

On September 16, 1992, Paul J. Salatino was injured while attempting to straighten the boom on a backhoe/loader owned by defendants, his parents. The accident was unwitnessed. After the filing of this negligence action which alleges that “the boom on the machine * * * malfunctioned and pinned [Salatino’s] back and pelvic area to the side of the instrumentality”, Salatino died from unrelated causes.…