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GARDNER v. STATE

Claim No. 109520, 1385CA 15-00287.

134 A.D.3d 1563 (2015)

24 N.Y.S.3d 805

2015 NY Slip Op 09753

BRANDON WILLIAM GARDNER, Individually and as Administrator of the Estate of WILLIAM G. GARDNER, Deceased, et al., Respondents-Appellants, v. STATE OF NEW YORK, Appellant-Respondent. (Claim No. 109520.)

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

Decided December 31, 2015.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by setting aside the award of damages for past loss of support, and as modified the judgment is affirmed without costs, and a new trial is granted on damages for past loss of support only unless claimants, within 20 days of service of a copy of the order of this Court with notice of entry, stipulate to reduce the award of damages for past loss of support to $175,000 for decedent's older...

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