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ZELAYA v. BREGER

43 A.D.3d 437 (2007)

841 N.Y.S.2d 318

ANA C. ZELAYA, Appellant-Respondent, v. SAMUEL BREGER et al., Respondents-Appellants.

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

Decided August 14, 2007.

Ordered that on the Court's own motion, the defendants' notice of cross appeal from so much of the order as, in effect, sua sponte directed that the award for past pain and suffering be increased from the sum of $225,000 to the sum of $375,000 is treated as an application for leave to cross appeal from that portion of the order, and leave to cross appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is modified, on the facts and...

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