Simmons v. Dendis Construction, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiffs’ motion to set aside the verdict insofar as it awarded $6,000 for past pain and suffering and no damages for future pain and suffering or on the derivative cause of action and directed a new trial unless de*920fendant stipulated to increase the verdict. Gregory Simmons (plaintiff) sustained fractures of the tibia and fibula when a foundation wall collapsed on his leg. Plaintiffs presented uncontroverted medical and nonmedical proof that the injury was painful and that the closed reduction performed to…
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