SCHWARTZ v. ROSENTHAL


244 A.D.2d 325 (1997)

664 N.Y.S.2d 310

Linda Schwartz, Respondent, v. Frances L. Rosenthal, Also Known as Frances L. Gross, Appellant, et al., Defendant

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

November 3, 1997


Ordered that the judgment is modified, on the facts and as an exercise of discretion, by deleting the provisions thereof which awarded the plaintiff damages for future pain and suffering, and substituting therefor a provision granting a new trial with respect thereto; as so modified, the judgment is affirmed insofar as appealed from, with costs, unless within 30 days after service upon the plaintiff of a copy of this decision and order, with notice of entry, she shall serve...

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