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GRABOWSKI v. CITY CENTRE DEVELOPMENT COMPANY OF BUFFALO, L.P.

272 A.D.2d 868 (2000)

707 N.Y.S.2d 584

JOAN GRABOWSKI, Individually and as Executrix of STANLEY GRABOWSKI, Deceased, Respondent, v. CITY CENTRE DEVELOPMENT COMPANY OF BUFFALO, L.P., et al., Defendants, and ROCHESTER INSULATED GLASS, INC., Appellant and Third-Party Plaintiff. CLAYTON B. OBERSHEIMER, INC., Third-Party Defendant-Appellant. (Appeal No. 1.)

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

Decided May 10, 2000.

Judgment unanimously modified on the law and as modified affirmed without costs and new trial granted on damages for past pain and suffering and loss of services only unless plaintiff, within 20 days of service of a copy of the order of this Court with notice of entry, stipulates to decrease the verdict for past pain and suffering to $2,500,000 and loss of services to $250,000, in which event the judgment is modified accordingly and as modified affirmed without costs in accordance...

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