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MATTER OF TRAYLOR v. COMSEWOGUE SCHOOL DISTRICT

265 A.D.2d 332 (1999)

696 N.Y.S.2d 219

In the Matter of PATRICIA TRAYLOR et al., Appellants, v. COMSEWOGUE SCHOOL DISTRICT, Respondent.

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

Decided October 4, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the petitioners leave to assert a claim for the decedent's conscious pain and suffering and a derivative claim (see, e.g., Matter of Rudisel v City of New York, 217 A.D.2d 702; Carbone v Town of Brookhaven, 176...

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