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CUMMINS v. COUNTY OF ONONDAGA

84 N.Y.2d 322 (1994)

642 N.E.2d 1071

618 N.Y.S.2d 615

Leonard P. Cummins, as Successor Administrator of The Estate of Karen A. Cummins, Deceased, Appellant, v. County of Onondaga, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided October 25, 1994.

Attorney(s) appearing for the Case

Robert E. Lahm, Syracuse, for appellant.

Jon A. Gerber, County Attorney of Onondaga County, Syracuse (Joanna Gozzi of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH, LEVINE and CIPARICK concur.

BELLACOSA, J.

The action is for wrongful death and conscious pain and suffering, but the appeal relates exclusively to whether there was any line of reasoning which could support the jury's damage verdict for conscious pain and suffering. The Appellate Division affirmed the trial court's order setting aside the pain and suffering award, with two Justices dissenting to uphold the jury verdict. We agree with the...

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