BROWNE v. CITY OF NEW YORK

2008-07364.

67 A.D.3d 620 (2009)

889 N.Y.S.2d 212

2009 NY Slip Op 07970

CLINTON BROWNE, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided November 4, 2009.


Ordered that the judgment is modified, on the facts and in the exercise of discretion, by deleting the provision thereof awarding the plaintiff damages for past pain and suffering; as so modified, the judgment is affirmed, with costs to the defendants, and a new trial is granted on the issue of damages for past pain and suffering only, 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...

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