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WIEDER v. HOME DEPOT U.S.A., INC.

2019-07022. Index No. 8676/14.

208 A.D.3d 535 (2022)

172 N.Y.S.3d 474

2022 NY Slip Op 04830

Howard L. Wieder, Respondent-Appellant, v. Home Depot U.S.A., Inc., et al., Appellants-Respondents, et al., Defendants.

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

Decided August 3, 2022.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York, NY ( Nicholas Hurzeler , John Doody , and David Pollack of counsel), for appellants-respondents.

Brett H. Klein, Esq., PLLC (Sullivan Papain Block McGrath & Cannavo P.C., New York, NY [ Brian J. Shoot ], of counsel), for respondent-appellant.

Connolly, J.P., Christopher, Genovesi and Dowling, JJ., concur.

Ordered that the judgment is reversed insofar as appealed from, on the facts and in the exercise of discretion, without costs or disbursements, 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 relating to the causes of action alleging battery and false imprisonment, unless, within 30 days after service upon the plaintiff of a copy of this decision and order with notice of entry, the plaintiff...

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