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O'BRIEN v. BARRETTA

44 A.D.3d 731 (2007)

843 N.Y.S.2d 399

CECELIA O'BRIEN, Appellant, v. MARIA L. BARRETTA et al., Respondents.

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

Decided October 9, 2007.

Ordered that the judgment is modified, on the facts and in the exercise of discretion, (1) by deleting the provision thereof awarding the plaintiff the principal sum of only $40,000 for past lost earnings (40% of $100,000 total lost earnings award) and (2) by deleting the provision thereof awarding no interest and substituting therefor a provision directing that the plaintiff shall be awarded interest from the date of the liability...

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