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ROJAS v. BRABANT

2017-13228. Index No. 69722/15.

192 A.D.3d 934 (2021)

140 N.Y.S.3d 727

2021 NY Slip Op 08271

Arnaldo Rojas, Appellant, v. Michael J. Brabant et al., Respondents.

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

Decided March 17, 2021.

Attorney(s) appearing for the Case

Ogen & Sedaghati, P.C., New York, NY ( Eitan Alexander Ogen of counsel), for appellant.

Cuomo LLC, Mineola, NY ( Matthew A. Cuomo of counsel), for respondents.

Dillon, J.P., Hinds-Radix, Miller and Christopher, JJ., concur.

Ordered that the judgment is modified, on the facts and in the exercise of discretion, by deleting the provisions thereof awarding damages to the plaintiff for past pain and suffering and future pain and suffering; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for a new trial on the issue of damages for past pain and suffering and future pain and suffering...

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