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NEWMAN v. AIKEN

278 A.D.2d 115 (2000)

718 N.Y.S.2d 44

JOAN NEWMAN, Respondent, v. HERMA AIKEN, Appellant.

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

Decided December 19, 2000.

According appropriate deference to the trial court's decision to set aside the jury's verdict (see, Nicastro v Park, 113 A.D.2d 129, 136-137), a fair interpretation of the evidence does not support the jury's verdict on past and future pain and suffering, caused by two herniated discs with nerve root impingement that, as implied by the jury's award for future medical expenses, will cause pain and suffering in the future (cf.,...

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