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AVERY v. WILLIAMS

267 A.D.2d 264 (1999)

700 N.Y.S.2d 715

CAROL AVERY, Respondent, et al., Plaintiff, v. HAROLD WILLIAMS et al., Respondents, and F & R CHECK CASHING CORP. et al., Appellants.

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

Decided December 13, 1999.

Ordered that the judgment is modified, on the facts and as an exercise of discretion, by deleting the provision thereof awarding the plaintiff Carol Avery damages in the sum of $1,500,000 for past pain and suffering and $1,000,000 for future pain and suffering, and granting a new trial with respect thereto; as so modified, the judgment is affirmed, with costs payable to the appellants by the plaintiff Carol Avery, unless within 30 days after service upon the plaintiff Carol...

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