Kollin v. Shaff

This is an action to recover damages for wrongful death and conscious pain and suffering. Plaintiffs move for summary judgment with respect to the first, second, third and sixth causes of action set forth jn the complaint, and for an assessment of damages (CPLR 3212). Defendant cross-moves for an order dismissing plaintiffs’ said third cause of action as legally insufficient (CPLR 3211, subd. [a], par. 7).

The decedent herein died on May 13, 1967 as a result of a shotgun wound inflicted upon him by defendant. As a result of that incident, defendant was convicted of the crime of manslaughter in…