FORTUNE v. NEW YORK CITY HOUSING AUTHORITY

2020-07165, 2020-09353. Index No. 521950/17.

201 A.D.3d 705 (2022)

161 N.Y.S.3d 283

2022 NY Slip Op 00169

Clarington Fortune, Respondent, v. New York City Housing Authority, Defendant/Third-Party Plaintiff-Appellant. American Pipe & Tank Lining Co., Inc., Third-Party Defendant-Appellant.

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

Decided January 12, 2022.


Attorney(s) appearing for the Case

Ahmuty, Demers & McManus, New York, NY (Shaub, Ahmuty, Citrin & Spratt, LLP [ Timothy R. Capowski , Gerard S. Rath , John F. Watkins , and Joseph J. Beglane ], of counsel), for defendant third-party plaintiff-appellant and third-party defendant-appellant.

Burns & Harris, New York, NY ( Alison R. Keenan , Blake G. Goldfarb , Judith F. Stempler , and Pollack, Pollack, Isaac & DeCicco, LLP [ Brian J. Isaac ], of counsel), for respondent.

Rivera, J.P., Chambers, Ford and Dowling, JJ., concur.


Ordered that the judgment is reversed insofar as appealed from, on the law, on the facts, and in the exercise of discretion, without costs or disbursements, the order is vacated, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the issue of damages for past pain and suffering, future pain and suffering, and future lost earnings, and for the entry of an appropriate amended judgment thereafter, unless within 30 days after service upon the plaintiff...

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