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MASMALAJ v. NEW YORK CITY ECONOMIC DEV. CORP.

2020-02602. Index No. 7555/14.

197 A.D.3d 1294 (2021)

151 N.Y.S.3d 901

2021 NY Slip Op 05120

Albert Masmalaj, Respondent, v. New York City Economic Development Corporation et al., Appellants, et al., Defendant.

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

Decided September 29, 2021.

Attorney(s) appearing for the Case

Baxter Smith Shapiro, P.C., White Plains, NY ( Sim R. Shapiro of counsel), for appellants.

Lipsig, Shapey, Mans & Moverman, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Kenneth J. Gorman ], of counsel), for respondent.

Chambers, J.P., Miller, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the order is modified, on the law and in the exercise of discretion, by deleting the provision thereof denying those branches of the motion of the defendants New York City Economic Development Corporation, City of New York, Sims Municipal Recycling of New York, LLC, and West Rac Contracting Corp. which were pursuant to CPLR 4404(a) to set aside as excessive the jury verdict on the issue of damages for past pain and suffering, past and future lost earnings, loss...

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