VIALVA v. CITY OF NEW YORK


118 A.D.2d 701 (1986)

Frank B. Vialva, as Administrator of The Estate of Marjorie Vialva, Deceased, Respondent, v. City of New York, Defendant, and New York City Health and Hospitals Corp. et al., Appellants

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

March 17, 1986


Judgment modified, on the facts and as an exercise of discretion, by reducing the principal sum awarded to the plaintiff to $850,000 adding thereto a provision severing the plaintiff's cause of action to recover damages for conscious pain and suffering and granting a new trial with respect thereto, unless the plaintiff shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to reduce the verdict with respect to...

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