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GREEN v. CITY OF NY

192 Misc.2d 270 (2002)

746 N.Y.S.2d 740

ELLA H. GREEN, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendant.

Supreme Court, Appellate Term, Second Department.

May 1, 2002.

Attorney(s) appearing for the Case

Schneider, Kleinick, Weitz, Damashek & Shoot, New York City (Diane Welch Bando of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Leonard Koerner, Barry P. Schwartz and Kristin M. Helmers of counsel), for respondent.

PESCE, P.J., GOLIA and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously affirmed without costs.

In this action to recover damages for negligent interference with plaintiff's common-law right to possession of her deceased son's body, a jury verdict in favor of plaintiff for $15 million was set aside by the trial court on the ground that the City of New York could not be liable to plaintiff as a matter of law because the acts of defendant's agents were discretionary and...

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