Ordered that the judgment is modified, on the facts and as an exercise of discretion, with costs, by deleting the provision thereof awarding the plaintiff $5,853 for past pain and suffering, and a new trial is granted on the issue of damages for past pain and suffering unless, within 20 days after service upon the defendant of a copy of this decision and order with notice of entry, the defendant serves and files in the Office of the Clerk of the Supreme Court, Kings County...
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