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VISCOMI v. S. S. KRESGE CO., K-MART DISC. STORES DIV.

142 A.D.2d 987 (1988)

Norma Viscomi, Individually and as Executrix of Thomas Viscomi, Deceased, Respondent-Appellant, v. S. S. Kresge Co., K-Mart Discount Stores Division, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 7, 1988

Judgment unanimously vacated on the law with costs to plaintiff and new trial granted on the issue of damages only.

Memorandum:

The jury's award of damages was patently inadequate, based on the proof at trial of special damages and pain and suffering, and a new trial on the issue of damages is required (Ladd v Parkhurst, 87 A.D.2d 971). We have examined defendant's arguments on its appeal and find them to be...

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