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LAWLER v. NUCASTLE MOTORS LEASING

35 A.D.2d 450 (1970)

Sue T. Lawler, as Administratrix of The Estate of Barbara A. E. Lawler, Deceased, Respondent, v. Nucastle Motors Leasing Inc., et al., Appellants, et al., Defendants

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

December 28, 1970.

Attorney(s) appearing for the Case

Bower, O'Connor & Gardner (Benjamin H. Siff of counsel), for appellants.

Emile Z. Berman and A. Harold Frost (Sheila L. Birnbaum of counsel), for respondent.

HOPKINS and MUNDER, JJ., concur with RABIN, J.; MARTUSCELLO, J., dissents and votes to reverse the judgment insofar as appealed from and, as between the parties to this appeal, to sever the action and grant a new trial, in an opinion, in which CHRIST, P. J., concurs.

SAMUEL RABIN, J.

In this appeal from a judgment in a wrongful death action involving the death of the plaintiff administratrix' 23-year-old daughter, appellants do not in any manner contest the jury's finding of liability. The sole questions raised on this appeal relate to damages, more specifically, (1) whether it was error for the trial court to bar proof of the plaintiff's remarriage and (2) whether the jury...

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