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DAVIS v. CITY OF NEW YORK

293 A.D.2d 641 (2002)

741 N.Y.S.2d 108

LINDA DAVIS et al., Respondents-Appellants, v. CITY OF NEW YORK, et al., Appellants-Respondents, et al., Defendant.

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

Decided April 22, 2002.

Ordered that the judgment is reversed with respect to the plaintiff Dashaun Davis Febres insofar as appealed from, on the facts and as an exercise of discretion, with costs payable by the plaintiff Dashaun Davis Febres, and a new trial is granted on the issue of damages for past pain and suffering and future loss of enjoyment only, unless within 30 days after service upon him of a copy of this decision and order, with notice of entry, he shall serve and file in the office...

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