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PECORARO v. TRIBUZIO

2019-13212, 2019-13304 Index No. 3792/15.

212 A.D.3d 646 (2023)

182 N.Y.S.3d 175

2023 NY Slip Op 00104

Toni Marie Pecoraro, Appellant, v. Lucio Tribuzio, Respondent.

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

Decided January 11, 2023.

Attorney(s) appearing for the Case

Krentsel Guzman Herbert, LLP, New York, NY ( Marcia Raicus of counsel), for appellant.

Penino & Moynihan, LLP, White Plains, NY ( Henry L. Liao and Mischel & Horn, P.C. [ Scott T. Horn ], of counsel), for respondent.

Brathwaite Nelson, J.P., Iannacci, Christopher and Warhit, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (Peter P. Sweeney, J.), dated September 16, 2019, and (2) an amended judgment of the same court entered September 17, 2019. The order, insofar as appealed from, denied the plaintiff's motion pursuant to CPLR 4404(a) for an additur to the award of damages for future pain and suffering and future medical expenses, or, in the alternative, to set aside...

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