CLARKE v. LIMONE


40 A.D.3d 571 (2007)

835 N.Y.S.2d 381

SHARON CLARKE, Respondent, et al., Defendant, v. ALFONSO LIMONE, Appellant.

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

Decided May 1, 2007.


Ordered that the judgment is modified, on the law and in the exercise of discretion, by deleting the provision thereof awarding damages to the plaintiff Sharon Clarke for past pain and suffering; as so modified, the judgment is affirmed, with costs payable to the appellant, and a new trial is granted on the issue of damages for the past pain and suffering of the plaintiff Sharon Clarke only, unless within 30 days after service upon the plaintiff Sharon Clarke of a copy of...

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