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RIVERA v. LINCOLN CENTER FOR THE PERFORMING ARTS, INC.

16 A.D.3d 274 (2005)

792 N.Y.S.2d 39

ELAINE RIVERA, Appellant, v. LINCOLN CENTER FOR THE PERFORMING ARTS, INC., Respondent.

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

March 24, 2005.

The trial court's remittitur is excessive to the extent indicated (CPLR 5501 [c]). Plaintiff sustained an ankle injury that did not satisfactorily respond to, inter alia, months of physical therapy, molded splints or AFOs, arthroscopic surgery, months of postoperative physical therapy, and steroid injections. As a result, at the age of 25, plaintiff has already developed post-traumatic arthritis in her ankle that her treating physician...

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