SMITH v. BYWISE HOLDING, LLC


61 A.D.3d 957 (2009)

878 N.Y.S.2d 183

ROBERT SMITH, Appellant, v. BYWISE HOLDING, LLC, Respondent.

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

Decided April 28, 2009.


Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof directing a new trial on the issue of damages for future pain and suffering unless the plaintiff stipulates to reduce the verdict as to future pain and suffering from the sum of $600,000 to the sum of $175,000 and substituting therefor a provision directing a new trial on the issue of damages for future pain and suffering unless the plaintiff stipulates to...

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