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BARTHELEMY v. SPIVACK

41 A.D.3d 398 (2007)

839 N.Y.S.2d 763

NANCYE BARTHELEMY et al., Appellants-Respondents, v. JOEL SPIVACK, Respondent-Appellant.

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

Decided June 5, 2007.

Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provisions thereof granting those branches of the defendant's motion which were pursuant to CPLR 4404 (a) to set aside the jury verdict as excessive to the extent of granting a new trial on the issue of damages for future medical expenses and past pain and suffering unless the plaintiffs stipulated to reduce the award for future medical...

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