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LOLIK v. BIG V SUPERMARKETS, INC.

224 A.D.2d 867 (1996)

638 N.Y.S.2d 928

Stephen Lolik et al., Appellants-Respondents, v. Big V Supermarkets, Inc., Doing Business as Shop-Rite, Respondent-Appellant

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

February 29, 1996

Peters, J.

The relevant facts and issues pertaining to this appeal were set forth by us in our prior decision on this appeal (210 A.D.2d 703). By a divided Court, we reinstated the jury's verdict dismissing the claim for future pain and suffering. Upon appeal, the Court of Appeals determined that the appropriate standard of our review should have been whether "`"the evidence so preponderate[d] in favor of the [plaintiff...

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