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  5. 48 A.D.2d 469 (1975)
 

HOUSE v. REIMANN

48 A.D.2d 469 (1975)

Florence House, as Administratrix with Limited Letters of The Estate of Paul D. House, Sr., Deceased, Respondent-Appellant, v. Ernest F. Reimann, Appellant-Respondent

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

June 26, 1975

Attorney(s) appearing for the Case

Carter, Conboy, Bardwell & Case (James M. Conboy of counsel), for appellant-respondent.

Lyons & Duncan (Condon A. Lyons of counsel), for respondent-appellant.

SWEENEY, LARKIN and REYNOLDS, JJ., concur with GREENBLOTT, J. P.; KANE, J., dissents and votes to affirm in an opinion.

GREENBLOTT, J. P.

In this action for pain and suffering and wrongful death resulting when the decedent, Paul D. House, Sr., a pedestrian, was struck and killed by a vehicle owned and operated by the defendant Reimann, the jury returned a verdict of $10,000 for pain and suffering and $75,000 (plus funeral expenses of $1,729.20) in the action for wrongful death.

The facts, so far as relevant to the issues...

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