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BERNARD v. SPEAR

1365 CA 15-00819.

134 A.D.3d 1447 (2015)

23 N.Y.S.3d 501

2015 NY Slip Op 09513

MARJORIE E. BERNARD, Individually and as Administratrix of the Estate of BARRY A. BERNARD, Deceased, Appellant, v. DIANE B. SPEAR, Respondent.

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

Decided December 23, 2015.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is denied with respect to the issue of liability, and the complaint is reinstated except with respect to the damages claim for decedent's conscious pain and suffering.

Memorandum: Plaintiff commenced this wrongful death action after her husband (decedent), who was crossing the road, was struck by a...

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