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YELLEN v. NEW YORK CITY TRANSIT AUTH.

42 A.D.2d 936 (1973)

Linda Yellen, an Infant, by Her Father and Natural Guardian, Seymour Yellen, et al., Respondents, v. New York City Transit Authority, Appellant

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

October 4, 1973

Respondents shall recover of appellant $40 costs and disbursements of this appeal.

Murphy and Steuer, JJ., dissent in the following memorandum by Steuer, J.:

We believe the granting of the motion to have been improvident in that no change in the plaintiff's physical condition is claimed and the sole basis for the increase is an increase in an already liberal estimate of plaintiff's...

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