MALASPINA v. VICTORY MEMORIAL HOSPITAL


29 A.D.3d 646 (2006)

815 N.Y.S.2d 177

DIANNE MALASPINA, Respondent-Appellant, v. VICTORY MEMORIAL HOSPITAL, Defendant and Third-Party Plaintiff-Appellant-Respondent, DYKER EMERGENCY PHYSICIANS, P.C., Respondents, et al., Defendant. ROBERT PATY et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant.

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

May 9, 2006.


Ordered that the judgment is modified, on the facts and as an exercise of discretion, by deleting the provision thereof awarding damages for past pain and suffering, and a new trial is granted on the issues of damages for past pain and suffering only; as so modified, the judgment is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the plaintiff payable by the defendant third-party plaintiff and the defendant Dyker Emergency Physicians, P.C....

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