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BARRY NASH v. SUE HAR EQUITIES, LLC,

45 A.D.3d 545 (2007)

846 N.Y.S.2d 215

JOHN BARRY NASH, Respondent, et al., Plaintiff, v. SUE HAR EQUITIES, LLC, Doing Business as BROADWAY MOTOR INN, Appellant.

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

Decided November 7, 2007.

Ordered that the judgment is reversed, on the facts and in the exercise of discretion, with costs, and a new trial is granted on the issue of damages for pain and suffering only, unless, within 30 days after service upon the plaintiff John Barry Nash of a copy of this decision and order, he shall serve and file in the office of the Clerk of the Supreme Court, Nassau County, a written stipulation consenting to reduce the verdict...

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