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Lamica v. Pecore (N.Y.App.Div. 06/22/2000)

[1]      Supreme Court6/22/2000
claims on behalf of the child, which defendant concedes, this subdivision bars reduction of plaintiffs' derivative claim for loss of their child's services because such claims are within the definition of "personal injury" (see, General Construction Law ยง 37-a; Psota v. Long Is. R.R. Corp., 246 NY 388, 395). Accordingly, Supreme Court properly dismissed the counterclaim.


Cardona, P.J., Crew III, Peters and Lahtinen, JJ., concur.


ORDERED that the order is affirmed, with costs.




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