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LANOCE v. KEMPTON

8 A.D.3d 449 (2004)

779 N.Y.S.2d 100

EDWARD LANOCE, Respondent, v. MAURICE KEMPTON et al., Defendants, CITIBANK, N.A., Appellant, and TEMCO BUILDING MAINTENANCE, INC., Respondent. (And Third-Party Actions.)

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

June 14, 2004.

Ordered that the judgment entered February 6, 2003, is modified, on the law, the facts, and as a matter of discretion, by deleting the provision thereof awarding damages for past pain and suffering and substituting therefor a provision granting a new trial with respect thereto; as so modified, the judgment entered February 6, 2003, is affirmed, without costs or disbursements, unless within 30 days after service upon the plaintiff of a copy of this decision and order, the...

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