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GLASER v. COUNTY OF ORANGE

2007-04516

2008 NY Slip Op 07212

SUSAN GLASER, ETC., respondent, v. COUNTY OF ORANGE, ET AL., defendants, VILLAGE OF WARWICK, ET AL., appellants.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale, N.Y. (Evan H. Krinick, Cheryl F. Korman, and Melissa M. Murphy of counsel), for appellants.

Jacob Fuchsberg Law Firm LLP, (Sullivan Papain Block McGrath & Cannavo P.C., New York, N.Y. [Brian J. Shoot and Leslie D. Kelmachter], of counsel), for respondent.

Before: Robert A. Spolzino, J.P., David S. Ritter, Fred T. Santucci, Edward D. Carni, JJ.

DECISION & ORDER

ORDERED that the judgment is reversed insofar as appealed from, on the law and the facts, with costs, and the matter is remitted to the Supreme Court, Orange County, for a new trial on the issue of damages for the decedent's conscious pain and suffering and past and future loss of earnings, unless within 30 days after service upon the plaintiff of a copy of this decision and order, the plaintiff shall serve and file in the office of the Clerk...

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