SCHAFFER v. BATHEJA

2009-05600

76 A.D.3d 970 (2010)

908 N.Y.S.2d 82

PAUL SCHAFFER, Individually and as Executor of EDITH SCHAFFER, Deceased, Appellant-Respondent, v. BINDA N. BATHEJA, as Administrator of the Estate of NARAIN BATHEJA, Respondent-Appellant, and PHELPS MEMORIAL HOSPITAL et al., Respondents.

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

Decided September 14, 2010.


Ordered that the appeal is dismissed as academic in light of our determination on the cross appeal; and it is further,

Ordered that the amended judgment is reversed on the cross appeal, on the law, on the facts, and in the exercise of discretion, with costs, those branches of the motion of the defendant Binda N. Batheja, as administrator of the estate of Narain Batheja, which were to set aside, as excessive, the jury verdict on the issues of damages for the decedent...

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