Garcia v. All Metro Health Care

In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (James J. Golia, J.), dated December 5, 2011, as, upon renewal, granted those branches of the defendants’ separate motions which were for summary judgment dismissing the complaint insofar as asserted against each of them.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiffs father (hereinafter the decedent) sustained a brain injury in 1989 and was enrolled in the New York State…