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ESTATE OF BERWICK v. STATE

159 A.D.2d 544 (1990)

Estate of Margaret M. Berwick et al., Respondents, v. State of New York, Appellant. (Proceeding No. 1.) (Claim No. 64076.) Estate of Sebastian T. Pascale, Respondent, v. State of New York, Appellant. (Proceeding No. 2.) (Claim No. 64150.) Norman B. Dix, Respondent, v. State of New York, Appellant. (Proceeding No. 3.) (Claim No. 64104.)

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

March 12, 1990

Ordered that the judgment in proceeding No. 1 is modified, on the law and the facts, by reducing the award of damages to the principal sum of $382,700; as so modified, the judgment in proceeding No. 1 is affirmed, without costs or disbursements, and the matter is remitted to the Court of Claims for the entry of an appropriate amended judgment; and it is further,

Ordered that the judgment in proceeding No. 2 is modified, on the law and the facts, by reducing the award...

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