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BASDEN v. LIBERTY LINES TR., INC.

Index No. 22051/13E. Appeal No. 17052-17053. Case Nos. 2021-04808, 2021-04809.

212 A.D.3d 427 (2023)

181 N.Y.S.3d 542

2023 NY Slip Op 00050

Nanette Basden, Appellant-Respondent, v. Liberty Lines Transit, Inc., et al., Respondents-Appellants.

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

Decided January 10, 2023.

Attorney(s) appearing for the Case

Michael Gunzburg P.C., New York ( Michael Gunzburg of counsel), for appellant-respondent.

Carol R. Finocchio , Water Mill, for respondents-appellants.

Concur—Acosta, P.J., Webber, Moulton, Shulman, Higgitt, JJ.

Judgment, Supreme Court, Bronx County (Julia Rodriguez, J.), entered October 15, 2021, after a jury trial on damages, awarding plaintiff $140,000 for past pain and suffering, $50,000 for future pain and suffering over 10 years, and $110,000 for future medical expenses, unanimously reversed, on the law, without costs, the judgment vacated, and the matter remanded for a new trial on damages.

Although the MRI films taken of plaintiff in 2002 in connection with a prior...

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