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JAMAICA v. NARVAEZ

198 A.D.2d 476 (1993)

604 N.Y.S.2d 209

Rudolph Jamaica et al., Plaintiffs, v. Sylvia Narvaez et al., Defendants. (Action No. 1.) Lydia Narvae, Plaintiff, v. Smith's Transfer Corp. et al., Defendants. (Action No. 2.) Francisco Triana, Appellant, v. Smith's Transfer Corp. et al., Defendants, and City of New York, Respondent. (Action No. 3.)

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

November 29, 1993

Ordered that the judgment is reversed insofar as appealed from, on the law and the facts, with costs, the jury verdict in favor of the plaintiff on the cause of action to recover damages for conscious pain and suffering is reinstated, and the matter is remitted to the Supreme Court, Kings County, for entry of an appropriate amended judgment.

The uncontroverted testimony of the plaintiff's expert that the decedent did not...

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