KOMFORTI v. NEW YORK CITY TRANSIT AUTHORITY


292 A.D.2d 569 (2002)

739 N.Y.S.2d 438

JOSEPH KOMFORTI, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided March 25, 2002.


Ordered that the judgment is modified, on the law and as an exercise of discretion, by deleting the provision thereof awarding damages for future pain and suffering and a new trial is granted with respect to that item only; as so modified, the judgment is affirmed, with costs, unless within 30 days after service upon him 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...

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