PORCANO v. LEHMAN


255 A.D.2d 430 (1998)

680 N.Y.S.2d 590

Bertha Porcano, Respondent, v. Donald A. Lehman et al., Appellants, et al., Defendant. (And a Third-Party Action.)

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

November 16, 1998


Ordered that the judgment is modified, on the facts and as an exercise of discretion, by (1) deleting the award of damages for medical expenses and dismissing that cause of action, and (2) deleting the award of damages for pain and suffering, and substituting therefor a provision severing the plaintiff's cause of action to recover damages for pain and suffering, and granting a new trial with respect thereto; as so modified, the judgment is affirmed, with costs to the appellants...

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