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BEELEY v. SPENCER

309 A.D.2d 1303 (2003)

765 N.Y.S.2d 725

TINA M. BEELEY, Individually and as Parent and Natural Guardian of LAUREN A. BEELEY, an Infant, Respondent, v. VOLNEY R. SPENCER, Appellant, et al., Defendant. (Appeal No. 5.)

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

Decided October 9, 2003.

It is hereby ordered that the amended judgment so appealed from be and the same hereby is unanimously modified on the law by granting the motion of defendant Volney R. Spencer in part and setting aside the award of damages for future injury, future pain and suffering and future loss of enjoyment of life and as modified the amended judgment is affirmed without costs, and a new trial is granted on those elements of damages only...

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