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SOTO v. BOARD OF EDUCATION OF THE CITY OF NEW YORK

10 A.D.3d 566 (2004)

783 N.Y.S.2d 527

MARIA SOTO, Respondent, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK et al., Defendants, CONSOLIDATED EDISON COMPANY OF NEW YORK, Respondent, and ATLANTIC EXPRESS, INC., Appellant. CONSOLIDATED EDISON COMPANY OF NEW YORK, Third-Party Plaintiff-Respondent, v. TRI-MESSINE CONSTRUCTION CORP., Third-Party Defendant-Respondent.

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

September 28, 2004.

Judgment, Supreme Court, Bronx County (Howard R. Silver, J.), entered November 22, 2002, which, upon a jury verdict finding defendant Atlantic Express, Inc. solely responsible for plaintiff's harm, inter alia, awarded plaintiff damages in the total amount of $654,484.05, unanimously modified, on the facts, to vacate the award of damages for future pain and suffering, and otherwise affirmed, without costs, and the matter remanded for a new trial solely as to damages for future...

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