Appellate Division of the Supreme Court of the State of New York October 26, 2000 (Rockhill v. Pickering)

Mercare, J. P.

Appeal from a judgment of the Supreme Court (Lahtinen, J.), entered March 21, 2000 in Franklin County, upon a dismissal of the complaint at the close of plaintiffs case.

Plaintiff brought this action to recover for the wrongful death of decedent John S. Rockhill, Sr. (hereinafter Rockhill), due to the alleged negligence of defendant’s decedent, Philip L. Pickering, Jr.