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POLICASTRO v. SAVARESE

171 A.D.2d 849 (1991)

Robert Policastro, Respondent-Appellant, v. Gerard A. Savarese et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents. Incorporated Village of Lake Grove, Third-Party Defendant-Appellant-Respondent. (Action No. 1.) Wayne Keelty et al., Respondents, v. Gerard A. Savarese et al., Appellants, et al., Defendants. (Action No. 2.) Robert Policastro, Respondent-Appellant, v. Incorporated Village of Lake Grove, Appellant-Respondent. (Action No. 3.) Gordon J. Lee et al., Respondents, v. Michael Savarese et al., Defendants and Third-Party Plaintiffs-Appellants. Incorporated Village of Lake Grove, Third-Party Defendant-Appellant. (Action No. 4.)

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

March 25, 1991

Ordered that the judgment entered September 26, 1988, in Action Nos. 1 and 3, is modified, on the law and the facts and as a matter of discretion, by reducing the award to the plaintiff Robert Policastro to the principal sum of $285,000 against the defendant Incorporated Village of Lake Grove and to the principal sum of $235,000 against the defendants Gerard A. Savarese and Michael J. Savarese, representing damages exclusive of damages for pain and suffering and loss of earnings...

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