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SPIVAK-BOBKO v. GREGORY ARMS, LLC

628 CA 22-00152.

208 A.D.3d 1603 (2022)

175 N.Y.S.3d 644

2022 NY Slip Op 05420

Elena Spivak-Bobko, as Power of Attorney for Irina Rifman, Respondent, v. Gregory Arms, LLC, Appellant.

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

Decided September 30, 2022.

Attorney(s) appearing for the Case

GERBER CIANO KELLY BRADY LLP, BUFFALO ( BRIAN R. BIGGIE OF COUNSEL), FOR DEFENDANT-APPELLANT.

KENNY & KENNY, PLLC, SYRACUSE ( MICHAEL P. KENNY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Centra, Lindley, Curran and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by setting aside the verdict with respect to damages for future pain and suffering and as modified the judgment is affirmed without costs, and a new trial is granted on damages for future pain and suffering only unless plaintiff, within 20 days of service of a copy of the order of this Court with notice of entry, stipulates to reduce the award of damages for future pain and suffering...

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