Atkinson v. Buck

Judgment, Supreme Court, Bronx County (Howard R. Silver, J, and a jury), entered on or about March 24, 2004, in an action for dental malpractice, insofar as appealed from as limited by the briefs, awarding plaintiff $10,000 for past pain and suffering, unanimously modified, on the facts, to vacate the award for past pain and suffering and remand for a new trial on that issue only, and otherwise affirmed, without costs, unless defendant, within 30 days of service of a copy of this order with notice of entry, stipulates to increase the award for past pain and suffering to $75,000, and to the…