Feneck v. First Union Real Estate Equity & Mortgage Investments

—Amended judgment unanimously modified on the law and as modified affirmed with costs to plaintiff and new trial granted on damages for past pain and suffering only unless defendants, within 20 days of service of a copy of the order of this Court with notice of entry, stipulate to increase the award of damages for past pain and suffering to $35,000, in which event the amended judgment is modified accordingly and as modified affirmed with costs to plaintiff in accordance with the following Memorandum: Plaintiff fractured her elbow when she tripped and fell while entering a shopping mall owned…