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KRIESEL v. MAY DEPARTMENT STORES COMPANY

261 A.D.2d 837 (1999)

689 N.Y.S.2d 589

ROBERT KRIESEL, Appellant-Respondent, v. MAY DEPARTMENT STORES COMPANY, Doing Business as KAUFMANN'S and/or KAUFMANN'S DEPARTMENT STORE, et al., Respondents-Appellants. (Appeal No. 2.)

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

Decided May 7, 1999.

Amended judgment unanimously modified on the law and as modified affirmed without costs and new trial granted on damages for past and future pain and suffering only in accordance with the following Memorandum: Plaintiff appeals from a judgment after a jury trial that awarded plaintiff damages for past and future lost wages and medical expenses but failed to award damages for past or future pain and suffering. We agree with plaintiff that the failure to award damages for pain...

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