Opinion
July 7, 1988
Appeal from the Supreme Court, Niagara County, DiFlorio, J.
Present — Dillon, P.J., Denman, Boomer, Pine and Balio, JJ.
Judgment unanimously vacated on the law with costs to plaintiff and new trial granted on the issue of damages only. Memorandum: The jury's award of damages was patently inadequate, based on the proof at trial of special damages and pain and suffering, and a new trial on the issue of damages is required (Ladd v Parkhurst, 87 A.D.2d 971). We have examined defendant's arguments on its appeal and find them to be without merit.