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DiMARCO v. NEW YORK CITY HEALTH & HOSPS. CORP.

247 A.D.2d 574 (1998)

669 N.Y.S.2d 51

Joann DiMarco et al., Respondents-Appellants, v. New York City Health and Hospitals Corporation, Appellant-Respondent

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

February 23, 1998

Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,

Ordered that the judgment is modified, on the facts and as a matter of discretion, with costs to the defendants, by (1) deleting the provisions thereof which reduced the jury verdict by 10% based on the fault of the plaintiff Frank DiMarco, and (2) deleting the provisions thereof which awarded judgment as to past and future pain and suffering for the plaintiff Frank...

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