McADAMS v. ESPOSITO


35 A.D.3d 552 (2006)

825 N.Y.S.2d 753

BERNADETTE McADAMS, Appellant, v. FRANCINE V. ESPOSITO, Respondent.

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

Decided December 12, 2006.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, those branches of the motion pursuant to CPLR 4404 (a) which were to set aside so much of the jury verdict as awarded the plaintiff damages in the principal sums of only $7,500 for past pain and suffering and $0 for future pain and suffering as against the weight of the evidence, and for a new trial on the issue of those damages, are granted, and the matter is remitted...

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