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NIEVES v. NEW YORK CITY HOUS. AUTH.

200 A.D.2d 427 (1994)

606 N.Y.S.2d 224

Carmen I. Nieves, as Administratrix of The Estate of Marcello Lopez, Deceased, Respondent, v. New York City Housing Authority, Appellant

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

January 11, 1994

A plaintiff in a wrongful death action is not held to as high a degree of proof as a plaintiff in a personal injury action and is entitled to the benefit of every reasonable inference that can be drawn from the evidence in determining whether a prima facie case has been made out (Rivenburgh v Viking Boat Co., 55 N.Y.2d 850, 852). Here, hospital records submitted by plaintiff, which contain...

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