MILLER v. SANTORO


227 A.D.2d 534 (1996)

643 N.Y.S.2d 168

Mary Miller, as Administratrix of The Estate of William Miller, Deceased, Respondent, v. Joseph W. Santoro, Jr., Appellant

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

May 20, 1996


Ordered that the judgment is reversed, on the facts and as a matter of discretion, with costs, and a new trial is granted on the issue of damages only, unless within 30 days after service upon the plaintiff of a copy of this decision and order, with notice of entry, the plaintiff shall serve and file in the office of the clerk of the Supreme Court, Queens County, a written stipulation consenting to reduce the verdict as to damages for conscious pain and suffering which occurred...

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