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P.D. v. LACOUR-GAYET, M.D.

Index No. 20207/13E. Appeal No. 13897 & M-1329. Case No. 2020-03680.

194 A.D.3d 575 (2021)

144 N.Y.S.3d 348

2021 NY Slip Op 03260

P.D., an Infant, by His Mother and Natural Guardian, Tynecca Velez, et al., Respondents-Appellants, v. Francois LaCour-Gayet, M.D., Defendant, and Montefiore Medical Center, Appellant-Respondent.

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

Decided May 20, 2021.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker, LLP, White Plains ( Alan Friedberg of counsel), for appellant-respondent.

Jonah Grossman, Jamaica ( Lawrence B. Lame of counsel), for respondents-appellants.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Mendez, JJ.

The award for future pain and suffering deviates materially from what would be reasonable compensation (see CPLR 5501[c]).

In view of this finding, we need not reach the remaining arguments.

Motion to strike Points A-N of plaintiff's reply brief as improper surreply...

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