Legal Opinion
HEARY, CATHERINE M. v. HIBIT, DENISE
Appellate Division of the Supreme Court of the State of New York
Decided April 29, 2016No. CA 15-00718PublishedCited by 2 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (John L. Michalski, A.J.), entered February 4, 2015. The order, among other things, granted plaintiff’s motion to set aside the jury verdict on the issue of past and future pain and suffering.
It is hereby ordered that the order so appealed from is unanimously modified on the law and in the exercise of discretion by vacating the first and second ordering paragraphs and as modified the order is affirmed without costs, and a new trial on damages is granted.
Memorandum: Plaintiff commenced this action seeking damages for injuries she allegedly…
2Cases cited8 opinions
- Ruzycki v. BakerAppellate Division of the Supreme Court of the State of New York · 2002
- Kelley v. BalascoAppellate Division of the Supreme Court of the State of New York · 1996
- Young v. KalowAppellate Division of the Supreme Court of the State of New York · 1995
- Buerger v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1984
- Dessasore v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by2 opinions
- Heary v. HibitAppellate Division of the Supreme Court of the State of New York · 2016
- Heary v. HibitAppellate Division of the Supreme Court of the State of New York · 2016