Wojeski v. Del Favero

*1025Appeal and cross appeal from a judgment of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered January 13, 2004 in a personal injury action. The judgment was entered upon a jury verdict in favor of plaintiff.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by granting the motion in part and setting aside the award of damages for past pain and suffering and as modified the judgment is affirmed without costs, and a new trial is granted on that element of damages only unless defendant, within 20 days of service of a…