MORALES v. DAVIDSON APARTMENTS, LLC

2019-03983. Index No. 4749/15.

193 A.D.3d 719 (2021)

141 N.Y.S.3d 879

2021 NY Slip Op 02148

Luz Morales, Respondent, v. Davidson Apartments, LLC, et al., Appellants.

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

Decided April 7, 2021.


Attorney(s) appearing for the Case

Babchik & Young, LLP ( Cozen O'Connor , New York, NY [ William Kirrane ], of counsel), for appellants.

Lipsig, Shapey, Manus & Moverman, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Paul H. Seidenstock ], of counsel), for respondent.

Rivera, J.P., Connolly, Brathwaite Nelson and Christopher, JJ., concur.


Ordered that the judgment is modified, on the facts and in the exercise of discretion, by deleting the provision thereof awarding damages to the plaintiff for future pain and suffering; as so modified, the judgment is affirmed, without costs or disbursements, that branch of the defendants' motion pursuant to CPLR 4404(a) which was to set aside, as excessive, so much of the jury verdict as awarded the plaintiff damages for future pain and suffering in the principal sum of...

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