WYMER v. NAT'L FUEL GAS DISTRIBUTION CORP.


217 A.D.2d 920 (1995)

629 N.Y.S.2d 929

R. Jayne Wymer, Respondent, v. National Fuel Gas Distribution Corporation et al., Appellants

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

July 14, 1995


Judgment insofar as appealed from reversed on the law without costs and new trial granted on damages for future pain and suffering only.

Memorandum:

Defendants appeal from that part of a judgment of Supreme Court that awarded plaintiff "damages for permanency of injury" in the amount of $35,000. Defendants contend that the verdict is inconsistent with the jury's response to interrogatories and that the court erred in instructing the jury. We agree.

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