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KOVIT v. ESTATE OF HALLUMS

307 A.D.2d 336 (2003)

763 N.Y.S.2d 325

LEWIS KOVIT et al., Respondents, v. ESTATE OF KATHERINE HALLUMS, Respondent, CITY OF NEW YORK, Appellant, et al., Defendant.

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

Decided July 28, 2003.

Ordered that the judgment is modified, on the facts and as an exercise of discretion, by deleting the provisions thereof awarding the plaintiff Lewis Kovit damages for past and future pain and suffering; as so modified, the judgment is affirmed, with costs to the appellant, and a new trial is granted on the issue of damages for past and future pain and suffering only, unless within 30 days after service upon the plaintiffs of a copy of this decision and order, the plaintiff...

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