RIZZO v. LONG ISLAND RAIL RD. CO.


23 A.D.2d 762 (1965)

Ralph Rizzo, as Administrator of The Estate of Ralph Rizzo, Jr., Deceased, Respondent, v. Long Island Rail Road Company, Appellant, and Dorothy Candela et al., Respondents, et al., Defendants. (Action No 1.) Michael Candela, Respondent, et al., Plaintiff, v. Long Island Rail Road Company, Appellant, et al., Defendants. (Action No. 2)

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

April 5, 1965


In Action No. 1 by the plaintiff administrator: Judgment modified on the law and the facts by reducing the total recovery by the amount awarded upon the cause of action for conscious pain and suffering; such cause of action is severed from the cause of action for wrongful death; a new trial, limited to the cause of action for the pain and suffering is granted; and, as so modified, judgment affirmed, without costs, unless within 30...

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