Adamy v. South Buffalo Railway Co.

298 A.D.2d 999, 751 N.Y.S.2d 798, 2002 N.Y. App. Div. LEXIS 9278

Opinion

—Motion for reargument granted and, upon reargument, the last sentence of the first paragraph of the memorandum and the ordering paragraph of the memorandum-order entered May 3, 2002 (294 AD2d 801) are amended by providing that a new trial is granted on liability only and the memorandum is further amended by deleting the first sentence of the last paragraph and substituting in its place the following sentence: “Finally, we note that, if liability is found, upon the retrial, plaintiffs ‘sick pay’ may not be deducted from plaintiffs award of damages”; cross motion for reargument denied as moot. Present— Green, J.P., Hayes, Scudder, Gorski and Lawton, JJ.