SARWAN v. PORTNOY


51 A.D.3d 655 (2008)

857 N.Y.S.2d 667

GANESH SARWAN, Respondent, v. WILLIAM M. PORTNOY, Appellant.

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

Decided May 6, 2008.


Ordered that the judgment is reversed, on the law and in the exercise of discretion, with costs, and a new trial is granted on the issue of damages unless within 30 days after service upon the plaintiff of a copy of this decision and order, the plaintiff shall serve and file in the office of the Clerk of the Supreme Court, Queens County, a written stipulation consenting to reduce the award of damages for past pain and suffering, including

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