Gallagher v. Kirschner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Spain, J.
Appeal from an order of the Supreme Court (Cobb, J.), entered April 7, 1994 in Ulster County, which, inter alia, granted plaintiffs cross motion for summary judgment against certain defendants.
On May 26, 1988, John J. Crimmins, III (hereinafter decedent) was murdered at his home in Columbia County. Several days later, in the course of the homicide investigation, Mark L. Larsen (hereinafter Larsen) was shot and killed while being pursued by the State Police. In May 1990 plaintiff commenced an action against Larsen’s estate seeking damages for, inter alia, the wrongful death of…
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