CULLEN v. THUMSER

2018-08734. Index No. 3918/14.

178 A.D.3d 895 (2019)

115 N.Y.S.3d 74

2019 NY Slip Op 08988

Terence J. Cullen, Appellant, v. Matthew R. Thumser et al., Respondents.

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

Decided December 18, 2019.


Attorney(s) appearing for the Case

Burns & Harris, New York, NY ( Jason S. Steinberg of counsel), for appellant.

Martyn & Martyn, Mineola, NY ( Gene Stith of counsel), for respondents.

Scheinkman, P.J., Roman, Connolly and Iannacci, JJ., concur.


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, Nassau County, for a new trial on the issue of damages for past and future pain and suffering only, unless within 30 days after service upon the defendants of a copy of this decision and order with notice of entry, the defendants serve and file in the office of the Clerk of the Supreme Court, Nassau County, a written stipulation...

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