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GRCIC v. CITY OF NEW YORK

139 A.D.2d 621 (1988)

Bronko Grcic, by Boris Grcic, His Guardian ad Litem, Respondent, et al., Plaintiff, v. City of New York, Appellant-Respondent; Thomas Dukes et al., Respondents-Appellants, et al., Defendants. (Action No. 1.) John Crozier et al., Respondents, v. City of New York, Appellant-Respondent; Thomas Dukes et al., Respondents-Appellants; Bronko Grcic et al., Respondents, et al., Defendants. (Action No. 2.) Todd Poskitt, Respondent, v. City of New York, Appellant-Respondent; Thomas Dukes, Sr., et al., Respondents-Appellants; Borislav Grcic et al., Respondents, et al., Defendants. (Action No. 3.) James Duffy, as Administrator of The Estate of Richard Duffy, Deceased, Respondent, v. City of New York, Appellant-Respondent; Thomas Dukes, Sr., et al., Respondents-Appellants; Borislav Grcic et al., Respondents, et al., Defendants. (Action No. 4.)

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

April 18, 1988

Ordered that the judgment, as amended, entered in action No. 1 is modified, on the facts and as a matter of discretion, by reducing the principal sum awarded to the plaintiff Bronko Grcic to $365,000, representing damages for medical, hospital and institutional expenses to date, and adding thereto a provision severing the plaintiff Bronko Grcic's claim for damages for conscious pain and suffering, loss of earnings, impairment of future earnings, and past and future institutional...

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