Fleming v. Pedinol Pharmacal, Inc.

Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered December 2, 2008, which granted defendants’ motion for partial summary judgment dismissing the cause of action for wrongful death and so much of the cause of action for personal injuries as seeks to recover damages for pain and suffering experienced after November 4, 2004, unanimously affirmed, without costs.

Defendants made a prima facie showing entitling them to summary judgment dismissing the cause of action for wrongful death based on plaintiffs decedent’s medical records, the deposition testimony of the decedent’s…