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McSHERRY v. CITY OF NEW YORK

77 A.D.2d 540 (1980)

Thomas McSherry, an Infant, by His Mother, Jeannette McSherry, et al., Appellants, v. City of New York, Respondent, and Manhattan and Bronx Surface Transit Operating Authority et al., Appellants, et al., Defendants

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

July 24, 1980

Modified, on the law and the facts, to reinstate the jury's verdict as to liability only against defendant-respondent City of New York and to direct a new trial as to damages suffered by the infant plaintiff only; to reinstate the jury's verdict, as reduced by the court from $10,000 to the amount of special damage, $8,784.04, in favor of plaintiff-appellant Jeannette McSherry; to reinstate the jury's verdict in favor of defendants-appellants MABSTOA and Sanders; and otherwise...

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