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  5. 29 N.Y.2d 44 (1971)
 

MOLINO v. COUNTY OF PUTNAM

29 N.Y.2d 44 (1971)

Blanche Molino, as Administratrix of The Estate of Carol A. Molino, Deceased, Appellant, v. County of Putnam et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 10, 1971.

Attorney(s) appearing for the Case

Eugene D. Zinbarg and Irving Payson Zinbarg for appellant.

Samuel S. Slavitt and Howard H. Schrecke for The County of Putnam, respondent.

John Nielsen for Michael Joseph Prodoti, respondent.

Chief Judge FULD and Judges BERGAN and BREITEL concur with Judge GIBSON; Judge BURKE dissents and votes to affirm in a separate opinion in which Judges SCILEPPI and JASEN concur.

GIBSON, J.

The case before us for decision represents yet another variant from the pattern of negligence actions in which the principle of collateral estoppel has been successfully asserted following prior litigation of one or more of the underlying negligence issues.

The plaintiff administratrix, suing both for the wrongful death and the conscious pain and suffering of her daughter, who died as a result...

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