Opinion
CA 02-01520
July 3, 2003.
Appeal from those parts of an order of Supreme Court, Monroe County (Cornelius, J.), entered April 12, 2002, that denied defendant's motion to set aside a verdict and granted that part of plaintiffs' cross motion for a new trial on the issue of damages for plaintiff Christine Mitchell's future pain and suffering.
HARRIS BEACH LLP, PITTSFORD (PHILIP G. SPELLANE OF COUNSEL), FOR DEFENDANT-APPELLANT.
JAMES J. PIAMPIANO, ROCHESTER, FOR PLAINTIFFS-RESPONDENTS.
PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, BURNS, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously modified on the law by providing that a new trial is granted on damages for future pain and suffering only unless defendant, within 20 days of service of a copy of the order of this Court with notice of entry, stipulates to increase the verdict for damages for future pain and suffering to $20,000, in which event judgment is ordered to be entered accordingly, and as modified the order is affirmed with costs to plaintiffs.
Same Memorandum as in Mitchell v. Fine ([appeal No. 1] 307 A.D.2d 730 [July 3, 2003]).