LYNCH v. CITY OF NEW YORK


38 A.D.3d 721 (2007)

833 N.Y.S.2d 141

EVA LYNCH et al., Respondents, v. CITY OF NEW YORK et al., Appellants, et al., Defendants.

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

Decided March 20, 2007.


Ordered that the judgment is modified, on the facts and as an exercise of discretion, by deleting the provision thereof awarding the plaintiff Eva Lynch damages for future pain and suffering, and a new trial is granted on the issue of damages for the future pain and suffering of the plaintiff Eva Lynch unless, within thirty (30) days after service upon her of a copy of this decision and order, the plaintiff Eva Lynch serves and...

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