Appellate Division of the Supreme Court of New York, 1974

Key v. Grabowski

Key v. Grabowski
Appellate Division of the Supreme Court of New York · Decided February 19, 1974
43 A.D.2d 971; 352 N.Y.S.2d 904; 1974 N.Y. App. Div. LEXIS 5705
Key v. Grabowski

Opinion of the Court

In an action to recover damages for wrongful death and for personal injuries, defend*972ant appeals from an order of the Supreme Court, Westchester County, entered July 27, 1973, which granted plaintiffs’ motion for summary judgment and ordered an “ inquest ”, Order modified by striking therefrom the word inquest ” and substituting therefor the phrase assessment of damages ”. As so modified, order affirmed, with $20 cost and disbursements to respondents. In our opinion, an assessment of damages is required. Gulotta, P. J., Hopkins, Martuscello and Latham, JJ., concur.

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