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Yoo v. St. John's Univ.

Plaintiffs Limited to Receipt of Worker's Compensation Benefits in Wrongful Death Action

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The following numbered papers read on this motion by defendants Steven J. Consentino (Consentino) and Rockwell Compounding Associates, Inc. (Rockwell), for summary judgment dismissing all claims and cross claims against them pursuant to CPLR 3212; by separate notice of motion by defendant St. John’s University, incorrectly sued herein as St. John’s University (College of Pharmacy and Health Sciences) (St. John’s University), for summary judgment dismissing plaintiff’s complaint and all cross claims against it pursuant to CPLR 3212; and by notice of cross motion by St. John’s University for an order pursuant to CPLR 3019 and 3025 converting its cross claims asserted against Consentino and Rockwell into third-party claims, should the pending motion by Consentino and Rockwell be granted.PAPERS NUMBEREDNotices of Motion-Affidavits-Exhibits  1-8Notice of Cross-Motion-Affidavit-Exhibits          9-14Answering-Affidavits-Exhibits             15-17Replying  19-20

*1  Upon the foregoing papers it is ordered that the motions and cross motion are determined together as follows: This is an action for negligence and wrongful death arising out of the death of James Yoo (the decedent), on February 13, 2013. The decedent was a pharmacy student at St. John’s University, and as part of his course of study, was completing an externship with Rockwell, owned and operated by Consentino, a licensed pharmacist. On February 7, 2013, the decedent was allegedly exposed to certain drugs, chemicals and mixtures of drugs and chemicals, including the drug Fentanyl, which resulted in his subsequent death. Plaintiff Song Cha Yoo, as Administrator of Estate of the decedent, has commenced this action on behalf of the decedent and has also alleged individual, derivative causes of action for pecuniary loss and damages.

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