HUNTER v. EAST ROCHESTER UNION FREE SCHOOL DISTRICT


286 A.D.2d 982 (2001)

730 N.Y.S.2d 764

ALLEN D. HUNTER et al., Respondents, v. EAST ROCHESTER UNION FREE SCHOOL DISTRICT et al., Defendants and Third-Party Plaintiffs. C.V.F. SHEET METAL, INC., Third-Party Defendant-Appellant.

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

Decided September 28, 2001.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court improvidently exercised its discretion in ordering a new trial on all damages where, as here, the only challenge was to the excessiveness of the award for future medical expenses. The issue of damages for future medical expenses "is not so intertwined with the other segments of the verdict that a new trial is required on all [damages]" (...

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