LATES v. HEALTH INS. PLAN OF GREATER NEW YORK


19 A.D.2d 629 (1963)

Richard J. Lates, Individually and as Administrator of The Estate of Carole C. Lates, Deceased, Respondent, v. Health Insurance Plan of Greater New York, Defendant, and Nathan Adelman et al., Appellants

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

June 10, 1963


Judgment, insofar as appealed from, reversed on the law and on the facts; action severed as to the nonappealing defendant (Health Insurance Plan of Greater New York); and new trial ordered as between the plaintiff and the appellants, with costs to abide the event, unless, within 30 days after entry of the order hereon, plaintiff shall stipulate to reduce to $5,000 the amount of the verdict with respect to the cause of action for conscious pain and suffering, in which event...

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