CZECH v. NEW YORK CITY TRANSIT AUTHORITY


297 A.D.2d 700 (2002)

747 N.Y.S.2d 389

MARIA CZECH et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendant.

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

Decided September 23, 2002.


Ordered that the judgment is modified, on the facts and as an exercise of discretion, by deleting the provisions thereof awarding the plaintiff Maria Czech damages for future pain and suffering and the plaintiff Leslaw Czech damages on his derivative cause of action; as so modified, the judgment is affirmed, with costs to the appellant, and a new trial is granted only with respect thereto, unless within 30 days after service upon the plaintiffs of a copy of this decision...

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