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MITCHEL v. DEPP

220 A.D.2d 648 (1995)

632 N.Y.S.2d 834

Ken Mitchel et al., Respondents, v. Wesley Depp, Defendant and Third-Party Plaintiff-Appellant, et al., Defendants and Third-Party Plaintiffs. Rablac Construction Corp., Third-Party Defendant-Appellant

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

October 23, 1995

Ordered that the judgment is modified, on the facts and as a matter of discretion, by deleting the provision thereof which awarded the plaintiff Ken Mitchel the sum of $300,000 for past pain and suffering and substituting therefor a provision severing the plaintiff Ken Mitchel's cause of action to recover damages for past pain and suffering, and granting a new trial with respect thereto; as so modified the judgment is affirmed, with one bill of costs to the appellants appearing...

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