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DEVIVO v. BIRNBAUM

301 A.D.2d 622 (2003)

754 N.Y.S.2d 60

VINCENT DEVIVO, Respondent, v. MARK BIRNBAUM, Appellant.

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

Decided January 27, 2003.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is modified, on the law and as a matter of discretion, by deleting the provisions thereof awarding the plaintiff damages for past and future pain and suffering, and a new trial is granted with respect thereto; as so modified, the judgment is affirmed, with costs to the appellant, unless within 30 days after service upon the plaintiff of a copy of this decision and order...

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