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ARNOLD A. KAUFMAN, Respondent, v. ANNA HODINKA et al., Appellants.

Defendants argue, in part, and plaintiff concedes that loss of enjoyment of life may not be considered as a category of damages separate from pain and suffering (Nussbaum v. Gibstein, 73 N.Y.2d 912; McDougald v. Garber, 73 N.Y.2d 246). Since the jury herein awarded plaintiff the sum of $250,000 for pain and suffering, he was not entitled to receive an additional $50,000 as separate damages for loss of enjoyment of life. We have reviewed defendants' other contentions and find them to be without merit.

Concur — Ross, J.P., Carro, Milonas, Wallach and Rubin, JJ.

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KAUFMAN v. HODINKA
(Jun 22, 1989)