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LA ROCCO v. FED. INS. CO.

35 N.Y.2d 806 (1974)

Florence I. La Rocco, as Administratrix of The Estate of Pasquale J. La Rocco, Also Known as Patrick La Rocco, Deceased, Respondent, v. Federal Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided November 20, 1974.

Attorney(s) appearing for the Case

Earl H. Gallup, Jr. for appellant.

Daniel H. Mahoney for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in a memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the order of the Supreme Court, Albany County, reinstated.

As we noted in our memorandum accompanying our denial of a motion to amend the remittitur when the plaintiff's underlying cause of action against Penn Central was previously before this court, "the assessment of damages without correlative liability, pending retrial on the...

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