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SENCE v. ATOYNATAN

2015-02696, Index No. 3172/08.

142 A.D.3d 600 (2016)

36 N.Y.S.3d 493

JAELIN SENCE et al., Respondents-Appellants, v. IOANIS ATOYNATAN, M.D., et al., Defendants, and NEW YORK METHODIST HOSPITAL, Appellant-Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 17, 2016.

Ordered that the plaintiffs' cross appeal is dismissed, as the plaintiffs are not aggrieved by the judgment (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144 [2010]); and it is further,

Ordered that the judgment is modified, on the law, on the facts, and in the exercise of discretion, by deleting the provision thereof awarding damages for past pain and suffering in the principal sum of $4,000,000; as so modified, the...

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