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MICHAEL WACHOWICZ et al., as Coadministrators of the Estate of MICHAEL WACHOWICZ, Deceased, Respondents, v. LINDA S. CZARNECKI, Appellant.

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant's motion for summary judgment in this action to recover damages stemming from the death of 13-year-old Michael Wachowicz. Defendant has failed to establish, as a matter of law, that death was instantaneous or that decedent was incapable of experiencing pain from the time of the accident at 7:43 P.M. until he was officially pronounced dead at 8:15 P.M., as reflected in the death certificate (see, Jehle v. Hertz Corp., 174 A.D.2d 812).

Whether plaintiffs are entitled to recover damages for the wrongful death of decedent cannot be determined as a matter of law. Determination thereof is a matter resting within the jury's province (see, Parilis v. Feinstein, 49 N.Y.2d 984, 985).

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WACHOWICZ v. CZARNECKI
(Mar 12, 1993)