BERGAMO v. VERIZON NEW YORK, INC.

2011-02210.

95 A.D.3d 916 (2012)

944 N.Y.S.2d 211

2012 NY Slip Op 3580

DOREEN BERGAMO, as Guardian ad Litem of MATTHEW V. FALCONE, JR., Respondent, v. VERIZON NEW YORK, INC., et al., Appellants.

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

Decided May 8, 2012.


Ordered that the judgment is modified, on the facts and in the exercise of discretion, by deleting the provisions thereof awarding damages for past and future pain and suffering; as so modified, the judgment is affirmed, with costs to the defendants, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the issue of damages for past and future pain and suffering only, unless within 30 days after service

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