MATTESON v. CITY OF DUNKIRK


261 A.D.2d 969 (1999)

689 N.Y.S.2d 906

DAVID MATTESON, Respondent, v. CITY OF DUNKIRK, Appellant.

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

Decided May 7, 1999.


Order unanimously reversed on the law without costs and motion granted.

Memorandum:

Supreme Court erred in denying defendant's motion to preclude expert testimony pertaining to future lost earnings upon the new trial. Following the first trial, the court granted plaintiff's motion to set aside the verdict insofar as it awarded plaintiff no damages for future pain and suffering and granted a new trial solely on that issue. At the first trial, the court did...

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