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ALAN KUDISCH, ETC. ap, v. GRUMPY JACKS, INC., res

ALAN KUDISCH, ETC. ap, v. GRUMPY JACKS, INC., res — (INDEX NO. 20489/09)In an action to recover damages for personal injuries and wrongful death, etc., pursuant to, inter alia, General Obligations Law §§11-100 and 11-101, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Jaeger, J.), dated March 12, 2012, which granted the defendant's motion, in effect, for summary judgment dismissing the complaint, and denied their cross motion for leave to amend the complaint.

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ALAN KUDISCH, ETC. ap, v. GRUMPY JACKS, INC., res — (INDEX NO. 20489/09)In an action to recover damages for personal injuries and wrongful death, etc., pursuant to, inter alia, General Obligations Law §§11-100 and 11-101, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Jaeger, J.), dated March 12, 2012, which granted the defendant’s motion, in effect, for summary judgment dismissing the complaint, and denied their cross motion for leave to amend the complaint.

ORDERED that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant’s motion which was for summary judgment dismissing so much of the fourth cause of action as sought to recover damages for medical expenses and funeral expenses that the plaintiffs incurred on behalf of their decedent, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

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