RODAK v. FURY


31 A.D.2d 816 (1969)

Catherine D. Rodak, as Administratrix of The Estate of George Rodak, Deceased, Appellant, v. Packey Fury et al., Respondents

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

February 3, 1969


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

No questions of fact were considered on this appeal. The action is by the administratrix of the estate of plaintiff's deceased husband to recover damages for his conscious pain and suffering and for his wrongful death. At the trial conducted before a jury, the following essential facts were established: the deceased was intoxicated and had been observed by defendant Williams lying...

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