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COOK v. CITY OF NEW YORK

82 A.D.2d 72 (1981)

Toni Cook, as Administratrix of The Estate of Kenneth Cook, Deceased, Respondent, v. City of New York, Appellant-Respondent; Brookdale Hospital and Medical Center et al., Respondents-Appellants

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

July 13, 1981

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Fay Leoussis and Carolyn E. Demarest of counsel), for appellant-respondent.

O'Connor & Hays (Daniel J. Dillon of counsel), for respondents-appellants.

Reisler & Silverstein (Kresky, Sinawski & Davis [Melvin Reisler and Norman Bard] of counsel; Harry Kresky on the brief), for plaintiff-respondent.

MOLLEN, P. J., MARGETT and O'CONNOR, JJ., concur.

COHALAN, J.

In this action to recover damages for wrongful death and conscious pain and suffering, based upon allegations of assault, negligence and medical malpractice, the jury returned a verdict for the plaintiff in her representative capacity in the sum of $300,000. It apportioned the verdict at 75% ($225,000) against the defendant City of New York (the city) and 25% ($75,000) against the Brookdale Hospital...

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