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ECHAVARRIA v. CITY OF NEW YORK

200 A.D.2d 708 (1994)

606 N.Y.S.2d 911

Mariano Echavarria, Respondent, v. City of New York, Appellant, and Thompson Construction Company, Defendant and Third-Party Plaintiff-Appellant. Aquamer Painting & Contracting, Third-Party Defendant-Appellant

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

January 31, 1994

Ordered that the judgment is modified, on the facts and as a matter of discretion, by reducing the principal sum awarded to the plaintiff to $52,700 ($2,700 for past medical expenses, $40,000 for past pain and suffering, and $10,000 for future medical expenses), and by adding thereto a provision severing the plaintiff's claims for past lost wages and for future pain and suffering and granting a new trial with respect to those claims, unless the plaintiff shall serve and file...

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