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ARMBRUSTER v. BUFFALO CHINA, INC.

247 A.D.2d 880 (1998)

668 N.Y.S.2d 802

Peter M. Armbruster, Appellant-Respondent, v. Buffalo China, Inc., an Oneida Food Service Company, Respondent-Appellant and Third-Party Plaintiff. Engelhaupt Co., Inc., Third-Party Defendant-Respondent-Appellant. (Appeal No. 1.)

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

February 4, 1998

Judgment unanimously modified on the law by vacating the award of damages for past and future pain and suffering and as modified affirmed without costs and new trial granted on damages for past and future pain and suffering 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 on damages for past and future pain and suffering to $250,000, in which event the judgment is modified accordingly...

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