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MARACALLO v. BD. OF EDUC.

2 Misc.3d 703 (2003)

769 N.Y.S.2d 717

MARIA MARACALLO, Individually and as Administratrix of the Estate of DANIEL MARACALLO, Deceased, Plaintiff, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, Defendant.

Supreme Court, Bronx County.

December 22, 2003.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, Bronx (John D. Paterniti of counsel), for defendant.

Kramer, Dillof, Livingston & Moore, New York City (Thomas A. Moore of counsel), for plaintiff.

OPINION OF THE COURT

PAUL A. VICTOR, J.

Defendant moves to set aside a verdict of the jury which made: (1) an award of $6,000,000 to the estate of Maracallo for the conscious pain and suffering of Daniel Maracallo, decedent (a drowning victim), and (2) an award of $4,000,000 to Maria Maracallo, his mother, with regard to her cause of action for negligent infliction of emotional harm.

Issues Presented

In addition to the traditional postverdict...

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