PORTARO v. GERBER


217 A.D.2d 539 (1995)

629 N.Y.S.2d 277

Helen Portaro, as Administratrix of The Estate of John Portaro, Deceased, Appellant, v. Bradford Gerber, Respondent

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

July 3, 1995


Ordered that the judgment is modified, on the law and the facts and as an exercise of discretion, by deleting the provision thereof awarding the plaintiff the sum of $54,683.33, and substituting therefor (1) a provision awarding the plaintiff the principal sums of $33,000 for wrongful death and $6,633.58 for medical and burial expenses, and (2) a provision severing the cause of action to recover damages for conscious pain and suffering and granting a new trial with respect...

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