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WITTORF v. CITY OF NEW YORK

103233/2006E

33 Misc.3d 368 (2011)

928 N.Y.S.2d 842

2011 NY Slip Op 21291

RHONDA WITTORF, Plaintiff, v. CITY OF NEW YORK, Defendant.

Supreme Court, New York County.

Decided August 15, 2011.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Jessica Giambrone and Ashley Hale of counsel), for defendant.

Dansker & Aspromonte Associates, New York City ( Paul Dansker of counsel), for plaintiff.

OPINION OF THE COURT

PAUL G. FEINMAN, J.

Following a jury trial in this personal injury action, plaintiff was awarded damages for past and future pain and suffering and past and future medical expenses. Defendant City of New York has moved pursuant to CPLR 4404 (a) for an order setting aside the jury verdict on the ground that plaintiff failed to establish a prima facie case, and entering judgment in favor of the City as a matter of law. Alternatively, the...

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