TOPPIN v. CAPAN CONTRACTING CORP.


251 A.D.2d 493 (1998)

673 N.Y.S.2d 328

Olive Toppin, Respondent, v. Capan Contracting Corp., Appellant

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

June 15, 1998


Ordered that the judgment is modified by deleting the provision thereof which awarded the plaintiff $17,000 for past medical expenses and substituting therefor a provision severing the plaintiff's cause of action to recover damages for past medical expenses and granting a new trial with respect thereto; as so modified, the judgment is affirmed insofar as appealed from, with costs, unless within 20 days after service upon the plaintiff of a copy of this decision and order...

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