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LAMURAGLIA v. NEW YORK CITY TRANSIT AUTHORITY

299 A.D.2d 321 (2002)

749 N.Y.S.2d 82

VINCENZO LAMURAGLIA et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents, et al., Defendants. PREMIUM LANDSCAPING, INC., Third-Party Defendant-Respondent-Appellant.

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

Decided November 4, 2002.

Ordered that the judgment is modified, on the law and as an exercise of discretion, by deleting the provisions thereof awarding damages for past and future pain and suffering and past and future loss of services, and a new trial is granted with respect thereto; as so modified, the judgment is affirmed insofar as appealed and cross-appealed from, with costs payable to the defendants third-party plaintiffs, New York City Transit Authority and Manhattan and Bronx Surface Transit...

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