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SMALL v. CITY OF NEW YORK

23325/03. Appeal No. 17296. Case No. 2021-00539.

213 A.D.3d 475 (2023)

184 N.Y.S.3d 20

2023 NY Slip Op 00749

Marietta Small et al., Appellants-Respondents, v. City of New York et al., Respondents-Appellants.

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

Decided February 9, 2023.

Attorney(s) appearing for the Case

Rubert & Gross, P.C., Brooklyn (Soledad Rubert of counsel), for appellants-respondents.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Jonathan Popolow of counsel), for respondents-appellants.

Concur—Webber, J.P., González, Scarpulla, Rodriguez, JJ.

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered on or about March 16, 2020, which granted defendants' motion to the extent of setting aside the jury's verdict unless plaintiffs stipulate to a reduction of the total award of $22 million to $4.5 million, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in conditionally reducing the jury's total damages award to make it consistent with the compensation allowed...

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