PERONE v. CITY OF NEW YORK

2010-03530.

86 A.D.3d 600 (2011)

927 N.Y.S.2d 379

2011 NY Slip Op 6024

MARIA PERONE, Respondent, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided July 19, 2011.


Ordered that the judgment is modified, on the facts and in the exercise of discretion, by deleting the provision thereof awarding the plaintiff the principal sum of $115,000 for future pain and suffering; as so modified, the judgment is affirmed insofar as appealed from, with costs to the appellants, and the matter is remitted to the Supreme Court, Queens County, for a new trial on the issue of damages for future pain and suffering only, unless within 30 days after service...

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