TUCKER v. CITY OF NEW YORK


54 A.D.2d 930 (1976)

Nettie Tucker, as Administratrix of The Estate of William Tucker, Deceased, Respondent, v. City of New York, Appellant

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

November 8, 1976


Judgment, insofar as it is in favor of plaintiff on the cause of action for conscious pain and suffering, affirmed. Judgment, insofar as it is in favor of plaintiff on the cause of action for wrongful death, reversed, on the law, the said cause of action is severed, and new trial granted with respect to the issue of damages only, with costs to abide the event, unless, within 20 days after entry of the order to be made hereon, plaintiff shall serve and file in the office of...

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