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STINTON v. ROBIN'S WOOD

45 A.D.3d 203 (2007)

842 N.Y.S.2d 477

JOYCE STINTON, as Executrix of ETHEL FLANZRAICH, Deceased, Respondent, v. ROBIN'S WOOD, INC., Appellant.

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

September 18, 2007.

Attorney(s) appearing for the Case

Mauro Goldberg & Lilling, LLP, Great Neck (Caryn L. Lilling, Katherine Herr Solomon, and Anthony F. DeStefano of counsel), for appellant.

Stephen David Fink, Forest Hills, for respondent.

SPOLZINO, J.P., FISHER and COVELLO, JJ., concur.

OPINION OF THE COURT

McCARTHY, J.

These appeals present the primary issue whether the $150,000 damages award for future pain and suffering should have been set aside pursuant to policy considerations underlying CPLR article 50-B since the plaintiff's decedent, Ethel Flanzraich, died one day after the Supreme Court directed the award of such damages at the conclusion of an inquest.

At approximately 4:00...

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