Hunter v. East Rochester Union Free School District

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court improvidently exercised its discretion in ordering a new trial on all damages where, as here, the only challenge was to the excessiveness of the award for future medical expenses. The issue of damages for future medical expenses “is not so intertwined with the other segments of the verdict that a new trial is required on all [damages]” (Diglio v Gray Dorchester Assocs., 255 AD2d 911, 912). We therefore modify the order by reinstating the verdict with respect…