Brennan v. Mabey's Moving & Storage, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtYesawich Jr., J.
Appeal from an order of the Supreme Court (Cobb, J.), entered December 27, 1994 in Greene County, which denied defendant’s motion to limit the proof on the issue of damages.
On June 28, 1990, plaintiff John P. Brennan (hereinafter plaintiff) allegedly sustained physical injury to his arm and debilitating psychological sequelae, as a result of being pinned for approximately one hour by a motorized gate located on defendant’s premises. Plaintiff assertedly began having nightmares and other symptoms of emotional distress several months after the accident. In March 1991, he was diagnosed as…
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