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CUMMINGS v. CUMMINGS

277 A.D.2d 341 (2000)

716 N.Y.S.2d 594

MARINELLA CUMMINGS, Respondent, v. GERARD CUMMINGS, Appellant.

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

Decided November 20, 2000.

Ordered that the judgment is modified, on the facts and as an exercise of discretion, by deleting the provision thereof awarding the plaintiff damages for future pain and suffering and granting a new trial with respect thereto; as so modified, the judgment is affirmed, with costs to the defendant, 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...

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