Duffy v. City of New York

Order, Supreme Court, Bronx County (Herbert Shapiro, J.), entered August 8, 1990, which granted defendant’s motion pursuant to CPLR 4404 (a) to the extent of directing a new trial on the issue of damages, unless *371plaintiff stipulated to a reduction of the verdict from $1.5 million to $250,000, unanimously affirmed, without costs.

Contrary to the defendant’s argument, the record demonstrates that plaintiff has a viable cause of action against it for negligently withholding news of the death of her son for approximately 18 months, thereby depriving plaintiff of her right to take possession of the…