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CALIENDO v. SPERO

156 A.D.2d 532 (1989)

Susan Caliendo, Individually and as Administratrix of The Estate of Anthony Caliendo, Deceased, Respondent, v. Anthony V. Spero et al, Respondents-Appellants. (Action No. 1.) Fred Werner et al., as Coexecutors of Rose Freundlich, Deceased, Appellants-Respondents, v. James Spero et al., Respondents-Appellants, et al., Defendants. (Action No. 2.) David Susser et al., as Executors of Aaron A. Freundlich, Deceased, Appellants-Respondents, v. James Spero et al., Respondents-Appellants, and City of New York et al., Respondents. (Action No. 3.) Susan Caliendo, Individually and as Administratrix of The Estate of Anthony Caliendo, Deceased, Appellant, v. City of New York et al., Respondents. (Action No. 4.)

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

December 18, 1989

Ordered that the appeals from the order are dismissed; and it is further,

Ordered that the judgment is modified, on the facts and as a matter of discretion, by (1) deleting the provision thereof which awarded the plaintiff Susan Caliendo the principal sum of $2,000,000, representing damages for wrongful death, and substituting therefor a provision granting a new trial with respect thereto, unless the plaintiff Susan Caliendo shall serve and file in the office of the...

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