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LA MAINE v. GREY

35 A.D.2d 541 (1970)

Joseph P. La Maine, Plaintiff, and Antoinette La Maine, as Administratrix of The Estate of Joseph R. La Maine, Deceased, Appellant, v. James Grey, Respondent

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

July 6, 1970

Judgment affirmed insofar as appealed from, without costs. Order modified by adding thereto a provision directing that the new trial shall be limited solely to the issue of damages. As so modified, order affirmed, without costs.

In our opinion, absent a showing of causal relationship, the trial court properly dismissed the wrongful death cause (Tactuk v. Freiberg, 29 A.D.2d 868). In addition, the verdict in the cause of action...

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