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DULLARD v. BERKELEY ASSOC. CO.

Nos. 731-734, Dockets 78-7457, 78-7512, 78-7560 and 78-7561.

606 F.2d 890 (1979)

Brigid DULLARD, as Administratrix of the Estate of Hugh Dullard, Deceased, Plaintiff-Appellee, v. The BERKELEY ASSOCIATES COMPANY and Murray Hill Properties, Inc., 35 East 35th Street Corp., 175 West 12th Street Company, Beatay Holding Corporation, Bernmark Company, Skillman Avenue Construction Corporation, Lynn Realty Corporation, Broadway Construction Corporation, The Cousins Company, Stephen Perlbinder, Barton Mark Perlbinder, Bernard West, William West, Martin Berger, Bruce Berger, Michael Berger, Julius Perlbinder, Milton West, Lillian West, Augusta Berger Danzig, and 400 Concrete Corp. and Perlbinder Realty Corp., individually and as a joint venture, Defendants and Third-Party Plaintiffs-Appellants-Appellees, v. CASTLE CONCRETE CORP., Third-Party Defendant-Appellant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 27, 1979.

Attorney(s) appearing for the Case

John J. Wrenn, Larkin, Wrenn & Cumisky, New York City, for Berkeley Associates (defendants and third-party plaintiffs-appellants-appellees other than 400 Concrete Corporation).

Michael E. Shay, Langan & Levy, New York City, for defendant 400 Concrete Corp.

Mark J. Aaronson, Bower & Gardner, New York City, for third-party defendant-appellant Castle Concrete Corp.

Arthur N. Seiff, O'Dwyer & Bernstien, New York City (Frank Durkan, O'Dwyer & Bernstien, New York City, of counsel), for plaintiff-appellee.

Before OAKES, Circuit Judge, and PIERCE and WERKER, District Judges.

OAKES, Circuit Judge:

This is an appeal in a wrongful death diversity action from a judgment of the United States District Court for the Southern District of New York, Kevin T. Duffy, Judge, entered after a jury trial on October 3, 1978, and amended on October 10, 1978. The jury awarded plaintiff $630,000 for the wrongful death of her decedent, a construction foreman struck in the head by a falling "4 × 4" timber; $20,000 for his conscious pain and suffering...

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