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McANDREWS v. CITY OF NEW YORK

299 A.D.2d 462 (2002)

749 N.Y.S.2d 896

WILLIAM McANDREWS et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided November 18, 2002.

Ordered that the judgment is modified, on the law and as a matter of discretion, by deleting the provisions thereof awarding the plaintiffs damages for loss of earnings and individual pecuniary loss and conscious pain and suffering, adding thereto a provision dismissing the cause of action to recover damages for loss of earnings, and granting a new trial as to damages for individual pecuniary loss and conscious pain and suffering; as so modified, the judgment is affirmed...

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