Appellate Division of the Supreme Court of the State of New York May 9, 2006 (Jeune v. O.T. Trans Mix Corp.)

In an action to recover damages for wrongful death, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated January 5, 2005, which granted the defendants’ motion for summary judgment dismissing the complaint.

*636Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.