SCHIFELBINE v. FOSTER WHEELER CORPORATION


4 A.D.3d 736 (2004)

772 N.Y.S.2d 140

WAYNE C. SCHIFELBINE, Respondent, v. FOSTER WHEELER CORPORATION et al., Appellants and Third-Party Plaintiffs-Respondents. K.C. SWANN & SON ROOFING COMPANY, INC., Third-Party Defendant-Appellant.

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

February 11, 2004.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by granting the posttrial motions in part and setting aside that part of the award of damages for future medical expenses representing future hospitalizations and as modified the judgment is affirmed without costs, and a new trial is granted on future hospitalizations only unless plaintiff, within 20 days of service of a copy of the order of this Court with notice...

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