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MARZANO v. YSF REALTY CORP.

12 Misc.3d 116 (2006)

820 N.Y.S.2d 677

KENNETH MARZANO, Appellant, v. YSF REALTY CORP., Respondent.

Supreme Court, Appellate Term, Second Department.

July 3, 2006.

Attorney(s) appearing for the Case

Fine, Olin & Anderman, LLP, Newburgh (Terry D. Horner of counsel), for appellant.

Jacobson & Schwartz, Rockville (Raymond E. McAlonan of counsel), for respondent.

GOLIA and BELEN, JJ., concur; WESTON PATTERSON, J.P., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Judgment modified by increasing the award in favor of plaintiff to the sum of $249,634; as so modified, affirmed without costs.

In this negligence action to recover damages for personal injuries, transferred to the Civil Court pursuant to CPLR 325 (d), the jury awarded plaintiff the sum of $330,000. The Civil Court granted defendant's motion pursuant to CPLR 4404...

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