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Rodman v. DeAngelis

Appellate Division of the Supreme Court of the State of New York
Jun 19, 2017
2017 N.Y. Slip Op. 78071 (N.Y. App. Div. 2017)

Opinion

Motion No: 522813

06-19-2017

TROY J. RODMAN, Appellant, v. FRANK J. DEANGELIS, Respondent.


MEMORANDUM AND ORDER ON MOTION

Motion for reargument or, in the alternative, for permission to appeal to the Court of Appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion for reargument is granted, without costs, to the extent that the opinion and order of this Court decided and entered February 16, 2017 is amended so as to add to page 7 of this Court's opinion and order after the first paragraph the following paragraph: "Although not addressed by defendant on appeal, the matter must be remitted to Supreme Court for a determination on that portion of defendant's posttrial motion challenging the jury's award of past and future medical expenses on the basis that the trial evidence did not support a finding that plaintiff's total medical expenses would exceed the $50,000 basic economic loss threshold contained in Insurance Law § 5104." It is further

ORDERED that the opinion and order of this Court decided and entered February 16, 2017 is amended so as to substitute for the decretal paragraph of this Court's opinion and order the following: "ORDERED that the order and judgment are reversed, on the law, with costs, verdict reinstated and matter remitted to the Supreme Court for further proceedings not inconsistent with this Court's decision." It is further

ORDERED that the motion for permission to appeal to the Court of Appeals is denied, without costs.

McCarthy, J.P., Lynch, Rose, Clark, and Aarons, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court


Summaries of

Rodman v. DeAngelis

Appellate Division of the Supreme Court of the State of New York
Jun 19, 2017
2017 N.Y. Slip Op. 78071 (N.Y. App. Div. 2017)
Case details for

Rodman v. DeAngelis

Case Details

Full title:TROY J. RODMAN, Appellant, v. FRANK J. DEANGELIS, Respondent.

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Jun 19, 2017

Citations

2017 N.Y. Slip Op. 78071 (N.Y. App. Div. 2017)