SERRA v. CITY OF NEW YORK


215 A.D.2d 643 (1995)

627 N.Y.S.2d 699

Ralph Serra, Respondent, v. City of New York, Appellant

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

May 22, 1995


Ordered that the judgment is modified, on the facts and as a matter of discretion, by deleting the provision thereof which awarded damages to the plaintiff for future pain and suffering, and substituting therefor a provision severing the plaintiff's cause of action to recover damages for future pain and suffering, and granting a new trial with respect thereto; as so modified, the judgment is affirmed, with costs to the appellant, unless within 30 days after service upon him...

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