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Piatkowski v. State

24 A.D.2d 544 Court N.Y. App. Div. Decision date 1965-06-25 Docket Claim No. 40458 English

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p. 544
Irene Piatkowski, as Administratrix of the Estate of Kenneth M. Staufenberger, Deceased, Respondent, v. State of New York, Appellant.
(Claim No. 40458.)

—Judgment unanimously modified on the law and facts by reducing the amount of the award for the benefit of decedent’s widow and child from $85,000 to $50,000 and as so modified the judgment is affirmed, with costs to respondent. Memorandum: In our opinion the award of $85,000 for the benefit of decedent’s widow and child was excessive to the extent of $35,000, and we so find. (Appeal from judgment of Court of Claims for claimant on a negligence claim — shot by State Trooper.) Present — Williams, P. J., Bastow, Goldman and Henry, JJ. [ 43 Misc 2d 424 .]

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