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McDOUGALD v. GARBER

135 A.D.2d 80 (1988)

Emma McDougald et al., Respondents-Appellants, v. Sara Garber et al., Appellants-Respondents

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

January 28, 1988

Attorney(s) appearing for the Case

Thomas A. Moore of counsel (Kramer, Dillof, Tessel, Duffy & Moore, attorneys), for respondents-appellants.

Luke M. Pittoni of counsel (Heidi A. Fuhrman with him on the brief; Heidell Pittoni, Murphy & Bach, P. C., attorneys), for Ella Garber, appellant-respondent.

Michael A. Ellenberg of counsel (Ellen August and Bert H. Ware with him on the brief; LeBoeuf, Lamb, Leiby & MacRae, attorneys), for Sonia Armengol and others, appellants-respondents

Howard R. Cohen of counsel (Steven J. Ahmuty, Jr., and Carol R. Finocchio with him on the brief; Bower & Gardner, attorneys), for New York Infirmary, appellant-respondent.

KUPFERMAN, J. P., CARRO, MILONAS and ROSENBERGER, JJ., concur.

SULLIVAN, J.

This appeal presents the question of whether loss of enjoyment of life is an element of damages separate and distinct from conscious pain and suffering, and compensable even without the injured party's cognitive awareness of his physical condition. The issues appear never to have been directly addressed by an appellate court of this State. Mindful but wary of the precedent which will be established...

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