ESTATE OF ANGELICA PESANTE v. MUNDELL


37 A.D.3d 1176 (2007)

827 N.Y.S.2d 922

ESTATE OF ANGELICA PESANTE, Deceased, by EVELYN PESANTE, as Administrator, Respondent, v. SUSAN MUNDELL, Appellant. (Appeal No. 2.)

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

Decided February 2, 2007.


It is hereby ordered that the amended judgment so appealed from be and the same hereby is unanimously modified on the law by granting the posttrial motion in part, setting aside the award of damages and dismissing the claim for future pecuniary loss against defendant and as modified the amended judgment is affirmed without costs, and a new trial is granted on damages for pain and suffering only unless plaintiff, within 20 days of service of a copy of the order of this Court...

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