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RUTHERFORD v. ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY

35 A.D.3d 1161 (2006)

825 N.Y.S.2d 401

JEFFREY RUTHERFORD, Respondent, v. ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY et al., Appellants. (Appeal No. 2.)

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

Decided December 22, 2006.

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

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