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APPLEYARD v. TIGGES

Index No. 24491/14E. Appeal No. 16727. Case No. 2021-03656.

212 A.D.3d 515 (2023)

181 N.Y.S.3d 565

2023 NY Slip Op 00260

Audrey A. Appleyard, Respondent, v. Russell G. Tigges et al., Appellants, et al., Defendants.

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

Decided January 24, 2023.

Attorney(s) appearing for the Case

Martin Clearwater & Bell LLP, New York ( Barbara D. Goldberg of counsel), for Russell G. Tigges, appellant.

Mauro Lilling Naparty LLP, Woodbury ( Katherine Herr Solomon , of counsel), for Orthopedic Associates of Dutchess County, P.C., appellant.

Pollack, Pollack, Isaac & DeCicco LLP, New York ( Brian J. Isaac of counsel), for respondent.

Concur—Webber, J.P., Friedman, Kennedy, Mendez, Shulman, JJ.

Order, Supreme Court, Bronx County (Elizabeth A. Taylor, J.), entered September 30, 2021, which denied defendants Russell G. Tigges and Orthopedic Associates of Dutchess County, P.C.'s motion to set aside the jury verdict, unanimously modified, on the law and the facts, to dismiss Tigges from the action and to vacate the past pain and suffering award of $3 million and direct a new trial solely on the issue of damages for past pain and suffering, unless, within 30 days of...

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