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NORMA VISCOMI, Indi v. dually and as Executrix of THOMAS VISCOMI, Deceased, Respondent-Appellant,

Judgment unanimously vacated on the law with costs to plaintiff and new trial granted on the issue of damages only. Memorandum: The jury's award of damages was patently inadequate, based on the proof at trial of special damages and pain and suffering, and a new trial on the issue of damages is required (Ladd v Parkhurst, 87 A.D.2d 971). We have examined defendant's arguments on its appeal and find them to be without merit.

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VISCOMI v. S.S. KRESGE CO
(Jul 7, 1988)