40 A.D.2d 686 | N.Y. App. Div. | 1972
In an action to recover damages for wrongful death and conscious pain and suffering, plaintiff appeals from a judgment of the Supreme Court, Rockland County, entered October 19, 1971, in favor of defendant upon a jury verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. We have considered the questions of fact and have determined that we would not grant a new trial upon those questions. We are of the view that a jury would find the charge of the trial court difficult to com