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HUNTER v. CITY OF NEW YORK

51 A.D.3d 634 (2008)

855 N.Y.S.2d 918

TOTHLYN HUNTER, Appellant, v. CITY OF NEW YORK et al., Defendants, and EASTERN LOCATING SERVICE, INC., et al., Respondents.

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

Decided May 6, 2008.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Contrary to the plaintiff's contention, the awards deviated materially from what would be reasonable compensation (see CPLR 5501 [c]). Furthermore, under the circumstances, a new trial on the issue of damages, which should be held in conformity with EPTL 4-1.1 (a) (3), is warranted (see CPLR...

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