FOURNIER v. UNDERSERVED


191 Misc.2d 290 (2002)

742 N.Y.S.2d 471

RICHARD FOURNIER, Appellant-Respondent, v. SERVICES FOR THE UNDERSERVED, INC., et al., Respondents-Appellants.

Supreme Court, Appellate Term, Second Department.

March 1, 2002.


Attorney(s) appearing for the Case

Alvy & Jacobson, New York City (Vida M. Alvy of counsel), for appellant-respondent.

Fiedelman & McGaw, Jericho, and Jacobowitz, Garfinkel & Lesman, New York City (Dawn C. DeSimone of counsel), for respondents-appellants.

ARONIN, J.P., GOLIA and RIOS, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Order unanimously modified by providing that defendants' motion to set aside the jury verdict is granted and matter remanded for a new trial unless plaintiff, within 20 days from the date of the order entered hereon, stipulates in writing to accept the sum of $135,000 ($2,000 economic loss and $133,000 for pain and suffering); as so modified, affirmed without costs.

In this action for unlawful eviction, the jury awarded...

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