Opinion
May 11, 1987
Appeal from the Supreme Court, Westchester County (Ruskin, J.).
Ordered that the appeal from the order entered March 17, 1986, is dismissed, as that order was superseded by the order entered May 1, 1986, made upon reargument; and it is further,
Ordered that the order entered May 1, 1986, is reversed insofar as appealed from, the order entered March 17, 1986, is vacated insofar as it granted that branch of the respondent's motion which was to dismiss the third cause of action to recover damages for wrongful death as time barred, and that branch of the respondent's motion is denied; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
Since at the time of her death, the plaintiff decedent had a valid cause of action to recover damages for personal injuries and since the wrongful death cause of action was commenced within two years of the date of her death, the wrongful death claim was timely commenced (see, EPTL 5-4.1; McDaniel v. Clarkstown Cent. School Dist. No. 1, 110 A.D.2d 349, 353, appeal dismissed 67 N.Y.2d 918; Marlowe v. DuPont deNemours Co., 112 A.D.2d 769). Mollen, P.J., Brown, Weinstein, Eiber and Harwood, JJ., concur.