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DREYER v. TISHMAN REALTY

52 A.D.2d 76 (1976)

April J. Dreyer, as Administratrix of The Estate of Stephen M. Dreyer, Deceased, Respondent-Appellant, v. Tishman Realty and Construction Co., Inc., et al., Appellants-Respondents

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

April 29, 1976

Attorney(s) appearing for the Case

Arthur N. Seiff of counsel (Julius Gantman, attorney), for appellants-respondents.

Harry R. Schwartz of counsel (Harry H. Lipsig, P. C., attorney), for respondent-appellant.

KUPFERMAN, J. P., MURPHY, and LANE, JJ., concur with SILVERMAN, J.; CAPOZZOLI, J., dissents in opinion as to reversal of judgment entered April 11, 1975.

SILVERMAN, J.

These are appeals by defendants from a judgment for plaintiff as reduced by the Trial Judge, after a general jury verdict for plaintiff, and by both parties from the unfavorable portions of the order reducing the verdict.

The action is for damages for wrongful death and conscious pain and suffering of plaintiff's intestate. This is the second trial in this action. The first trial resulted...

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