FAULISE v. TROUT


254 A.D.2d 755 (1998)

678 N.Y.S.2d 211

Katherine Faulise, Individually and as Parent and Natural Guardian of Leslie Faulise, an Infant, Appellant, v. Carl R. Trout, Respondent

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

October 2, 1998


Judgment unanimously reversed on the law without costs and new trial granted on damages only unless defendant, within 20 days of service of a copy of the order of this Court with notice of entry, stipulates to increase the verdict to $80,000 for past pain and suffering and $10,000 for future pain and suffering, in which event the judgment is modified accordingly and as modified affirmed without costs.

Memorandum:

Plaintiff contends that the award of damages...

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