HERNANDEZ v. METROPOLITAN TRANSIT AUTHORITY

2011-01481.

101 A.D.3d 1083 (2012)

956 N.Y.S.2d 547

2012 NY Slip Op 9030

SILVIA HERNANDEZ, Respondent, v. METROPOLITAN TRANSIT AUTHORITY et al., Appellants.

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

December 26, 2012.


Ordered that the judgment is reversed, on the facts and in the exercise of discretion, with costs, and the matter is remitted to the Supreme Court, Kings County, for a new trial 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 of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to reduce the amount...

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