CAPPADONA v. STATE


156 A.D.2d 505 (1989)

Denise Cappadona, Respondent, v. State of New York, Appellant. (Claim No. 64989.)

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

December 13, 1989


Upon papers filed in support of the motion and the papers filed in opposition thereto, and upon the reply affirmation, it is

Ordered that the motion is denied.

In our decision and order dated October 16, 1989, we found, based on the seat-belt defense, that the claimant is not entitled to recover damages for wrongful death and is only entitled to recover the principal sum of $150,000 for those personal injuries the decedent would have sustained had he been...

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