Appellate Division of the Supreme Court of the State of New York January 13, 1997 (Jewell v. Cumberland Farms, Inc.)

In an action to recover damages for wrongful death pursuant to General Obligations Law §§ 11-100 and 11-101, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Dutchess County (Hillery, J.), dated January 17, 1996, as denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.