BELL v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION

2018-02283, Index No. 16387/14.

175 A.D.3d 1475 (2019)

109 N.Y.S.3d 396

2019 NY Slip Op 06737

Kawan Bell, Respondent, et al., Plaintiff, v. Motor Vehicle Accident Indemnification Corporation, Appellant.

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

September 25, 2019.


Attorney(s) appearing for the Case

Jaime E. Gangemi (Kornfeld, Rew, Newman & Simeone, Suffern, NY [ William S. Badura and Thomas Newman ], of counsel), for appellant.

Gary P. Kauget, P.C., Brooklyn, NY, for respondent.

Dillon, J.P., Chambers, Hinds-Radix and Brathwaite Nelson, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion pursuant to CPLR 4404 (a) which was to set aside so much of the jury verdict as awarded the plaintiff Kawan Bell damages for future pain and suffering and for judgment as a matter of law dismissing so much of the complaint as sought to recover damages for future pain and suffering, and substituting therefor a provision granting that branch of the...

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