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LEE LAMANNA v. JANKOWSKI

52 A.D.3d 340 (2008)

861 N.Y.S.2d 13

AMBER LEE LAMANNA, Appellant, v. JOSEPH JANKOWSKI et al., Respondents.

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

Decided June 17, 2008.

The jury found that as a result of the motor vehicle accident, plaintiff sustained a "permanent consequential limitation of use of a body organ or member" (Insurance Law § 5102 [d]), yet failed to award any damages for future pain and suffering. Since the failure to award such damages cannot be reconciled with a finding of permanent injury, retrial is mandated on all issues as there is a strong likelihood that the verdict results...

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