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FAUST v. NYC TR. AUTH.

4 Misc.3d 89 (2004)

783 N.Y.S.2d 197

MICHAEL FAUST et al., Plaintiffs, and PATRICK McPHERSON et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendant.

Supreme Court, Appellate Term, Second Department.

May 14, 2004.

Attorney(s) appearing for the Case

Wallace D. Gossett, Brooklyn (Lawrence Heisler of counsel), for appellant.

Michael A. Cervini, Jackson Heights (Robin Mary Heaney of counsel), for respondents.

PESCE, P.J., PATTERSON and GOLIA, JJ., concur.

OPINION OF THE COURT

Memorandum.

Judgment as to plaintiff Patrick McPherson unanimously reversed without costs and a new trial ordered as to said plaintiff limited to the issue of damages.

Judgment insofar as appealed from as to plaintiff Lola Trought unanimously modified by deleting the provisions thereof awarding damages to her for past pain and suffering and future pain and suffering, and granting...

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