DAVIS v. SCHIRCK


267 A.D.2d 1058 (1999)

700 N.Y.S.2d 914

KENNETH R. DAVIS et al., Respondents, v. PHILLIP M. SCHIRCK, Appellant.

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

Decided December 30, 1999.


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly set aside as against the weight of the evidence the verdict awarding plaintiffs $10,000 for the past pain and suffering of Kenneth R. Davis (plaintiff) and $2,000 for his wife's past loss of his services and no damages for future pain and suffering or for future loss of services. The court granted a new trial on damages unless defendant agreed to pay plaintiffs an additional $10,000...

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