MATTER OF PAYNE


12 A.D.2d 940 (1961)

In the Matter of the Accounting of Charles F. Payne, as Administrator of The Estate of Orville Payne, Deceased, Respondent. Paul A. Lehmann, Appellant

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

February 6, 1961


Resettled decree modified on the law and the facts by allocating $1,650 to the cause of action for wrongful death and by allocating $1,650 to the cause of action for pain and suffering. As so modified, the decree is affirmed, without costs. Findings of fact inconsistent herewith are reversed and new findings are made as indicated herein.

On April 29, 1958 decedent, a 41-year-old bachelor, was struck by an automobile driven by one Wilson. Decedent sustained a fracture...

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