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ISAAC v. NEW YORK CITY TRANSIT AUTHORITY

2010-01741.

84 A.D.3d 1315 (2011)

923 N.Y.S.2d 899

ENRIQUE M. ISAAC, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided May 31, 2011.

Ordered that the judgment is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and a new trial is granted on the issue of damages for past and future pain and suffering, 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, Kings County, a written stipulation consenting...

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