Kriesel v. May Department Stores Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Amended 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 in accordance with the following Memorandum: Plaintiff appeals from a judgment after a jury trial that awarded plaintiff damages for past and future lost wages and medical expenses but failed to award damages for past or future pain and suffering. We agree with plaintiff that the failure to award damages for pain and suffering deviates materially from what would be reasonable compensation in that respect (see, CPLR 5501 [c]). The…
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