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LOLIK v. BIG V SUPERMARKETS, INC.

266 A.D.2d 759 (1999)

698 N.Y.S.2d 762

CLAIRE LOLIK, Appellant, v. BIG V SUPERMARKETS, INC., Doing Business as SHOP-RITE, Respondent.

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

Decided November 24, 1999.

Peters, J.

We have reviewed the underlying facts of this case on two prior occasions. The first trial awarding plaintiff $12,000 in damages for past pain and suffering with no award for future pain and suffering was ultimately set aside by us upon appeal (224 A.D.2d 867),1 and we affirmed an order which set aside the verdict rendered after a second trial, including an order directing

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