WEBSTER v. STATE


18 A.D.2d 774 (1962)

Leonard E. Webster, as Administrator of The Estate of Beulah M. Webster, Deceased, Appellant, v. State of New York (New York State Thruway Authority), Respondent. (Claim No. 35135.)

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

December 7, 1962


Case held, decision reserved and matter remitted to Court of Claims for further proceedings in accordance with memorandum.

Memorandum:

Plaintiff administrator in this wrongful death action appeals upon the sole ground of inadequacy from a judgment in the sum of $10,925, plus interest. The decision awarded $20,925, but it is conceded that the amount was properly reduced by the sum of $10,000 received from a joint tort-feasor. The case has been twice tried....

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