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BARNHARD v. CYBEX INTERNATIONAL, INC.

CA 11-00893.

89 A.D.3d 1554 (2011)

933 N.Y.S.2d 794

2011 NY Slip Op 8436

NATALIE M. BARNHARD, Respondent, v. CYBEX INTERNATIONAL, INC., Appellant/Third-Party Plaintiff-Appellant-Respondent. AMHERST ORTHOPEDIC PHYSICAL THERAPY, P.C. Third-Party Defendant-Respondent-Appellant. (Appeal No. 1.)

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

Decided November 18, 2011.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by granting the post-trial motion in part and setting aside the verdict with respect to damages for future "care for potential children" and damages for past and future pain and suffering and as modified the judgment is affirmed without costs, and a new trial is granted on damages for past and future pain and suffering only unless plaintiff, within 20 days of service of a copy of the...

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