Scurti v. City of New York

In an action to recover damages for wrongful death and conscious pain and suffering, plaintiff appeals from a judgment of .the Supreme Court, Queens County, entered July 23, 1973, in favor of defendants, upon the trial court’s dismissal of the complaint at the close of plaintiff’s case, upon a jury trial. Judgment affirmed, without costs and without opinion.

Martuscello and Brennan, JJ., concur; Shapiro, J., concurs on constraint of Lederman v. New York City Tr. Auth. (36 Misc 2d 571 [Shapiro, J.], affd. 21 A D 2d 751, mot. for lv. to app. den. 14 N Y 2d 488; Wolf v. Smith, 39 A D 2d 926,…