CHUNG v. SHAW

2017-03076, Index No. 8375/13.

175 A.D.3d 1237 (2019)

108 N.Y.S.3d 47

2019 NY Slip Op 06468

Alfred Chung, Appellant, v. Rachelle Shaw, Respondent.

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

Decided September 11, 2019.


Attorney(s) appearing for the Case

Subin Associates, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac , Michael H. Zhu , and Christopher Soverow ], of counsel), for appellant.

Pillinger Miller Tarallo, LLP, Elmsford, NY ( Shawn M. Weakland of counsel), for respondent.

Mastro, J.P., Balkin, Duffy and Connolly, JJ., concur.


Ordered that the order is modified, on the facts, by deleting the provision thereof denying those branches of the plaintiff's motion pursuant to CPLR 4404(a) which were to set aside, as inadequate, the jury verdict on the issue of damages for past pain and suffering and future pain and suffering, and for a new trial on the issue of those damages, and substituting therefor a provision granting those branches of the motion to the extent of setting aside, as inadequate, the...

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