ABELLARD v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION


264 A.D.2d 460 (1999)

694 N.Y.S.2d 163

MICHELLE ABELLARD, as Conservator of CARMELITE ABELLARD and Others, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant.

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

Decided August 23, 1999.


Ordered that the judgment is reversed insofar as appealed from, on the facts and as an exercise of discretion, with costs, and a new trial is granted on the issue of the amount of damages for future custodial care only, unless within 30 days after service upon her of a copy of this decision and order with notice of entry, the plaintiff shall serve and file in the office of the Clerk of the Supreme Court, Queens County, a written stipulation consenting to reduce the verdict...

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