PURCELL v. AXELSEN


286 A.D.2d 379 (2001)

729 N.Y.S.2d 495

JEANNE M. PURCELL, Appellant-Respondent, v. MARIE C. AXELSEN, Respondent-Appellant.

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

Decided August 13, 2001.


Ordered that the judgment is modified, on the facts and as an exercise of discretion, by deleting the provisions thereof awarding the plaintiff $10,000 for past pain and suffering and $0 for future pain and suffering and granting a new trial as to those damages only; as so modified, the judgment is affirmed insofar as appealed and cross-appealed from, with costs to the plaintiff, unless within 30 days after service upon the defendant of a copy of this decision and order,...

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