Legal Opinion

Bourguignon v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided January 8, 1990PublishedCited by 8 opinions

1Opinion of the Court

In an action to recover damages for wrongful death, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Graci, J.), dated August 16, 1988, as denied that branch of their motion which was to dismiss the second cause of action to recover damages for conscious pain and suffering.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the second cause of action is granted, and the second cause of action is dismissed.

The record reveals that the plaintiff’s…

2Cases cited5 opinions

  1. Pierson v. City of New YorkNew York Court of Appeals · 1982
  2. Nicholas v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
  3. Gibbons v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1982
  4. Lopez v. Brentwood Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1989
  5. Myrick v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by8 opinions

  1. Small v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
  2. Santiago v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
  3. Carr v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
  4. Kokkinos v. Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  5. De La Cruz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995

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