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ESTATE OF FERGUSON v. CITY OF NEW YORK

2630, 18951/01

73 A.D.3d 649 (2010)

901 N.Y.S.2d 609

Estate of MALCOLM FERGUSON, Deceased, by JUANITA YOUNG, as Administratrix, Appellant-Respondent, v. CITY OF NEW YORK et al., Respondents-Appellants.

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

Decided May 27, 2010.

The trial court properly set aside the award of $3 million for conscious pain and suffering because plaintiff failed to show the decedent's consciousness for at least some period of time following the accident (Cummins v County of Onondaga, 84 N.Y.2d 322 [1994]). Specifically, plaintiff failed to present any evidence that the decedent was conscious or had any cognitive awareness after...

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