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ROWE v. NEW YORK CITY TRANSIT AUTHORITY

295 A.D.2d 333 (2002)

742 N.Y.S.2d 910

STEPHANIE ROWE, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided June 3, 2002.

Ordered that the judgment is modified, on the facts and as a matter of discretion, and a new trial is granted on the issues of damages as to past pain and suffering and future pain and suffering only, unless within 30 days after service upon her of a copy of this decision and order, the plaintiff shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to reduce the verdict as to damages for past pain and suffering...

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