Opinion
CA 01-01118
October 1, 2002.
PRESENT: GREEN, J.P., HAYES, SCUDDER, GORSKI, AND LAWTON, JJ.
Motion for reargument granted and, upon reargument, the last sentence of the first paragraph of the memorandum and the ordering paragraph of the memorandum-order entered May 3, 2002 are amended by providing that a new trial is granted on liability only and the memorandum is further amended by deleting the first sentence of the last paragraph and substituting in its place the following sentence: "Finally, we note that, if liability is found, upon the retrial, plaintiff's `sick pay' may not be deducted from plaintiff's award of damages"; cross motion for reargument denied as moot.