Foley v. Long Island Rail Road

In an action to recover damages, inter alia, for the wrongful death of the plaintiff’s decedent, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Leviss, J.), entered June 23, 1987, as (1) granted the defendants’ motion to set aside the verdict in favor of the plaintiff in the sum of $210,000 upon the second cause of action based upon the decedent’s wrongful death and granted a new trial on that cause of action and (2) granted the defendants’ motion to dismiss the first cause of action seeking damages for the conscious pain and…