Elescano v. Eighth-19th Co.

Judgment, Supreme Court, New York County (Nicholas Figueroa, J., and a jury), entered April 5, 2004, in an action by a construction worker for personal injuries, awarding, inter alia, $100,000 for past pain and suffering and, insofar as appealed from, $50,000 for future pain and suffering over 37 years, unanimously modified, on the facts, to vacate the award for future pain and suffering and direct a new trial on that issue only, and otherwise affirmed, without costs, unless third-party *251defendant-respondent, within 30 days of service of a copy of this order with notice of entry, stipulates to…