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CARTER v. CITY OF NEW ROCHELLE

2019-12520, 2019-14686. Index No. 55298/13.

208 A.D.3d 843 (2022)

173 N.Y.S.3d 662

2022 NY Slip Op 05072

Edward Clinton Carter, Appellant, v. City of New Rochelle et al., Respondents.

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

Decided August 31, 2022.

Attorney(s) appearing for the Case

William Schwitzer & Associates, P.C., New York, NY ( Howard R. Cohen and D. Allen Zachary of counsel), for appellant.

O'Connor McGuinness Conte Doyle Oleson Watson & Loftus, LLP, White Plains, NY ( Heather M. Haralambides of counsel), for respondents City of New Rochelle and Robert Boyko.

Scahill Law Group, P.C., Bethpage, NY ( Gerard Ferrara of counsel), for respondents Louis Santiago and Catalino Ramos.

Duffy, J.P., Brathwaite Nelson, Wooten and Zayas, JJ., concur.

Ordered that the order dated October 11, 2019, is reversed, on the facts, the plaintiff's motion pursuant to CPLR 4404(a) to set aside the jury verdict awarding him damages in the principal sums of only $5,000 for past pain and suffering, $10,000 for past medical expenses, $0 for future pain and suffering, and $0 for future medical expenses and for a new trial on the issue of damages is granted, the order dated December 13, 2019, is vacated, and the matter is remitted to...

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