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HERRERA v. BRAUNSTEIN

47 A.D.3d 474 (2008)

849 N.Y.S.2d 528

FAUSTO HERRERA, Appellant, v. AARON BRAUNSTEIN, Respondent.

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

Decided January 15, 2008.

Plaintiff appeals from Appellate Term's order vacating the aggregate $200,000 award of damages to which he stipulated (reduced from the jury's verdict of $600,000) and directing a new trial on the issue of damages only. We agree with Appellate Term that the award, even as reduced by Civil Court, cannot stand in view of plaintiff's failure to present any expert testimony to support his allegations of physical and psychological injuries...

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