DILLEN v. COUNTY OF ERIE


101 A.D.2d 687 (1984)

Dean Dillen, as Administrator of The Estate of Edward J. Dillen, Deceased, Respondent-Appellant, v. County of Erie, Defendant, and Board of Education of the City of Buffalo, Appellant-Respondent

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

April 12, 1984


Judgment unanimously modified and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum: In its appeal from a judgment awarding damages for conscious pain and suffering and wrongful death arising out of the drowning of the 15-year-old infant decedent at a school picnic, defendant's principal contention is that the verdicts (as reduced by apportioning 65% of the fault to decedent) in the amounts of $35,000 for wrongful death and $5,000...

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