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DAWSON v. DIESEL CONST. CO.

51 A.D.2d 397 (1976)

Joanne M. Dawson, as Administratrix of The Estate of Nicholas Aiello, Deceased, Respondent, v. Diesel Construction Co., Division of Carl A. Morse, Inc., Appellant, et al., Defendant Beekman Downtown Hospital, Third-Party Plaintiff, v. Rissil Construction Associates, Inc., Third-Party Defendant

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

April 6, 1976

Attorney(s) appearing for the Case

Douglas A. Boeckmann of counsel (Craig, Betlesky & Lockhart, attorneys), for appellant.

Abraham Shapiro of counsel (Weisman, Celler, Spett, Modlin & Wertheimer, attorneys), for respondent.

BIRNS, SILVERMAN, LANE and NUNEZ, JJ., concur.

MURPHY, J. P.

Defendant Diesel Construction Co., Division of Carl A. Morse, Inc. (hereafter "Diesel"), appeals from a judgment in plaintiff's favor for the total sum of $199,739.83 on a verdict for $125,000 for wrongful death and $25,000 for pain and suffering, plus interest and costs. For the reasons hereinbelow stated we believe said judgment should be reversed and the complaint dismissed.

Decedent...

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