Appellate Division of the Supreme Court of the State of New York November 19, 2001 (Smith v. City of New York)

—In an action to recover damages for wrongful death, etc., the defendants Evelyn Cortez, Carlos Cortez, Evelyn Cortez and Carlos Cortez, and Cortez Enterprises appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Lonschein, J.