SWATLAND v. KYLE

683 CA 15-00092

130 A.D.3d 1453 (2015)

12 N.Y.S.3d 738

2015 NY Slip Op 05801

CANDACE SWATLAND, Appellant, v. JOHN R. KYLE et al., Respondents.

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

Decided July 2, 2015.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by granting the posttrial motion in part and setting aside the verdict with respect to damages for past and future pain and suffering, and as modified the judgment is affirmed without costs, and a new trial is granted on those elements of damages only unless defendants, within 20 days of service of a copy of the order of this Court with notice of entry, stipulate to increase the award...

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