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SMITH v. SHEEHY

45 A.D.3d 670 (2007)

846 N.Y.S.2d 232

JAMES SMITH, Appellant-Respondent, v. ERIC SHEEHY et al., Respondents-Appellants.

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

Decided November 13, 2007.

Ordered that the defendants' cross appeal is dismissed as abandoned (see 22 NYCRR 670.8 [e]); and it is further,

Ordered that the amended judgment is reversed insofar as appealed from, on the law and the facts, and the matter is remitted to the Supreme Court, Richmond County, for a new trial on the issue of damages for future pain and suffering, with costs, unless within 30 days after service upon the defendants of a copy of this decision and order, the defendants...

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