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CICALESE v. CARTER

8 A.D.3d 523 (2004)

778 N.Y.S.2d 721

MARILYN CICALESE, Respondent, v. MYLES A. CARTER, D.D.S., P.C., et al., Appellants.

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

June 21, 2004.

Ordered that the judgment is modified, on the facts 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 on the issue of those damages only; as so modified, the judgment is affirmed, with costs to the defendants, unless within 30 days after service upon the plaintiff of a copy of this decision and order, the plaintiff shall...

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