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Adamy v. South Buffalo Railway Co.

298 A.D.2d 999 Court N.Y. App. Div. Decision date 2002-10-01 English

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p. 999
Donald Adamy, Respondent, v South Buffalo Railway Company, Appellant.
[751 NYS2d 798]

—Motion for reargument granted and, upon reargument, the last sentence of the first paragraph of the memorandum and the ordering paragraph of the memorandum-order entered May 3, 2002 ( 294 AD2d 801 ) are amended by providing that a new trial is granted on liability only and the memorandum is further amended by deleting the first sentence of the last paragraph and substituting in its place the following sentence: “Finally,

p. 1000
we note that, if liability is found, upon the retrial, plaintiffs ‘sick pay’ may not be deducted from plaintiffs award of damages”; cross motion for reargument denied as moot. Present— Green, J.P., Hayes, Scudder, Gorski and Lawton, JJ.

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