Appellate Division of the Supreme Court of the State of New York October 26, 1995 (Gallagher v. Kirschner)

—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.