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GERDIK v. VAN ESS

5 A.D.3d 726 (2004)

774 N.Y.S.2d 174

ROBERT GERDIK, Respondent, v. LESTER J. VAN ESS, Appellant, et al., Defendants.

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

March 29, 2004.

Ordered that the order is modified, on the law, the facts, and as a matter of discretion, by deleting the provision thereof granting a new trial on the issue of pecuniary damages sustained by the decedent's distributees, other than for future lost earnings, unless the plaintiff filed a written stipulation consenting to a reduction in the pecuniary damages awarded to the decedent's distributees, other than for future lost earnings...

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