WILT v. MONTVEL-COHEN

2019-07778. Index No. 511666/16.

197 A.D.3d 1133 (2021)

153 N.Y.S.3d 476

2021 NY Slip Op 04925

Kathleen Wilt, Respondent, v. Tom Montvel-Cohen et al., Appellants.

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

Decided September 1, 2021.


Attorney(s) appearing for the Case

Correia, King, Fodera, McGinnis & Liferiedge (Mauro Lilling Naparty LLP, Woodbury, NY [ Seth M. Weinberg and Ifza Riaz ], of counsel), for appellants.

Hogan & Cassell, LLP, Jericho, NY ( Michael Cassell of counsel), for respondent.

Mastro, J.P., Austin, Hinds-Radix and Connolly, 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, Kings County, for a new trial on the issues of damages for past and future pain and suffering, unless within 30 days after service upon the plaintiff of a copy of this decision and order, with notice of entry, the plaintiff shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation...

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