CLEARY v. LJR ASSOCS.


198 A.D.2d 394 (1993)

604 N.Y.S.2d 140

Joseph L. Cleary, as Administrator of The Estate of Paul Cleary, Deceased, Respondent, v. LJR Associates et al., Appellants, et al., Defendant. (And Third-Party Actions.)

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

November 22, 1993


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, the plaintiff's cause of action to recover damages for conscious pain and suffering is dismissed, and the matter is remitted to the Supreme Court, Nassau County, for the entry of an appropriate amended judgment.

We find that the trial court improperly submitted to the jury the issue of the decedent's alleged conscious pain and suffering due to the accident. When there is no evidence...

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