Duffy v. City of New York

Judgment unanimously modified on the law and on the facts, pursuant to subdivision 2 of section 584 of the Civil Practice Act (see Bernadine v. City of New York, 268 App. Div. 444, affd. 294 N. Y. 361), to the extent of reducing the damages awarded for wrongful death to $85,000 and by allowing interest only on $29,000 from the date of death to date of judgment, and as so modified, the judgment is affirmed, without costs. In this action to recover damages for wrongful death and for conscious pain and suffering, the appeal by the defendant, the City of New York, is from a judgment entered upon…