Fenocchi v. City of Syracuse

Judgment unanimously modified on the law and as modified affirmed without costs and new trial granted on damages for past and future pain and suffering only unless defendant, within 20 days of service of a copy of the order of this Court with notice of entry, stipulates to increase the award of damages for past pain and suffering to $40,000 and for future pain and suffering to $150,000, in which event the judgment is modified accordingly and as modified affirmed without costs in accordance with the following Memorandum: John Fenocchi (plaintiff) was injured when he stepped off the back of his…