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VARGAS v. CROWN CONTAINER CO., INC.

2014-05737, 2015-06900, Index No. 12520/08.

155 A.D.3d 989 (2017)

65 N.Y.S.3d 567

2017 NY Slip Op 08297

PEDRO VARGAS, as Administrator of the Estate of IVAN HERNANDEZ-MORALES, Deceased, et al., Respondents, v. CROWN CONTAINER CO., INC., et al., Defendants, and ADVANCED FLEET MAINTENANCE, INC., Appellant. (And Third-Party Actions.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 22, 2017.

Ordered that the judgment is modified, on the facts and in the exercise of discretion, by deleting the provisions thereof awarding the plaintiffs damages for pre-impact terror, conscious pain and suffering, past pecuniary loss, and future pecuniary loss; as so modified, the judgment is affirmed, without costs or disbursements, so much of the order as denied those branches of the motion of the defendant Advanced Fleet Maintenance...

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