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ALEXANDER v. CITY OF NEW YORK

53 A.D.2d 846 (1976)

Earnestine Alexander, as Administratrix of The Estate of Joseph Alexander, Deceased, Respondent, et al., Plaintiff, v. City of New York, Respondent-Appellant, and Kinney's National Service, Inc., Appellant-Respondent. (Action No 1.) Rufus Simmons, as Administrator of The Estate of Mildred Simmons, Deceased, et al., Respondents, v. Kinney National Service, Inc., et al., Appellants-Respondents, and City of New York, Respondent-Appellant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, First Department.

July 20, 1976

If the plaintiffs consent to said respective reductions, the judgments as so amended and reduced are affirmed, without costs and disbursements. The respective amounts awarded by the jury in favor of each plaintiff against the City of New York were excessive and such judgments exceeding the amount indicated herein are not warranted on this record. On this latter point it is noted that Justice Capozzoli dissents and votes to affirm...

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