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POLLEY v. POLLEY

11 A.D.2d 121 (1960)

Julia Polley, as Administratrix of The Estate of Abe Polley, Deceased, Respondent, v. Stanley Polley, Appellant

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

June 28, 1960.

Attorney(s) appearing for the Case

John M. Cunneen of counsel (Caverly, Dimond, Dwyer & Lawler, attorneys), for appellant.

Robert H. Schaffer of counsel (Eugene J. Morris with him on the brief; Milton Schilback, attorney), for respondent.

BOTEIN, P. J., BREITEL, RABIN and STEVENS, JJ., concur.

McNALLY, J.

Defendant appeals from a judgment in favor of plaintiff on the first cause of action for personal injuries, pain and suffering in the sum of $50,230.71, and on the second cause of action for death in the sum of $3,770.85, after trial before a court without a jury.

The action was commenced by the decedent in March, 1956 for personal injuries, pain and suffering alleged to have been sustained by him while a passenger of the motor vehicle...

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