NIEVA-SILVERA v. KATZ

2019-13933. Index No. 708337/17.

195 A.D.3d 1035 (2021)

146 N.Y.S.3d 799

2021 NY Slip Op 04144

Diego Sebastian Nieva-Silvera, Appellant, v. Mathew Katz et al., Respondents.

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

Decided June 30, 2021.


Attorney(s) appearing for the Case

Elefterakis, Elefterakis & Panek (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Jillian Rosen ], of counsel), for appellant.

Rivkin Radler LLP, Uniondale, NY ( Cheryl F. Korman and Merril S. Biscone of counsel), for respondents.

LaSalle, P.J., Dillon, Miller and Connolly, JJ., concur.


Ordered that the order is modified, on the law and the facts, by deleting the provisions thereof reducing the verdict as to damages for past pain and suffering, future pain and suffering, and future medical expenses and substituting therefor a provision granting a new trial on the issue of those damages, unless within 30 days after service upon the plaintiff of a copy of this decision and order, the plaintiff shall serve and file in the office of the Clerk of the Supreme...

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