DIAZ v. CITY OF NEW YORK

No. 116703/03

2009 NY Slip Op 31091 (U)

ANGELO DIAZ Plaintiff, v. THE CITY OF NEW YORK, Defendant.

Supreme Court of the State of New York, New York County.

April 30, 2009.


Judgment/Decision

KIBBIE F. PAYNE, Judge.

The post trial motions of plaintiff Angelo Diaz (plaintiff) and defendant City of New York (defendant) are consolidated for disposition. Plaintiff moves for additur to the jury's verdict for his damages of future pain and suffering. Defendant, on the other hand, moves for an order, pursuant to CPLR 4404 (a) vacating the jury's verdict on the grounds that the award was not supported by legally sufficient evidence...

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