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SMITH v. MONRO MUFFLER BRAKE, INC.

275 A.D.2d 1028 (2000)

713 N.Y.S.2d 581

PHILIP S. SMITH et al., Appellants, v. MONRO MUFFLER BRAKE, INC., Respondent. (Appeal No. 1.)

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

Decided September 29, 2000.

Judgment unanimously modified on the law and as modified affirmed without costs and new trial granted on damages for past pain and suffering only unless defendant, within 20 days of service of a copy of the order of this Court with notice of entry, stipulates to increase the verdict for past pain and suffering to $400,000, in which event the judgment is modified accordingly and as modified affirmed without costs.

Memorandum...

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