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ATAOLLA AJOUDANPOUR, ET AL., Plaintiffs, v. RHONDA GLOBMAN, a/k/a RHONDA GROBMAN, ET AL., Defendants. (ACTION NO. 1). LINDSAY GROBMAN, Appellant-Respondent,

DECISION ORDER

ORDERED that the cross appeal is dismissed as abandoned ( see 22 NYCRR 670.8[c], [e]); and it is further,

ORDERED that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Nassau County, for a new trial on the issue of damages, with costs to abide the event.

We agree with the contention of Lindsay Grobman, the plaintiff in Action No. 2 (hereinafter the plaintiff), that the jury verdict was inconsistent. The jury found that the plaintiff, inter alia, sustained an injury which resulted in a "permanent consequential limitation of use of a body organ or member" (Insurance Law § 5102[d]), and awarded her damages for future medical expenses, yet failed to award any damages for future pain and suffering. The failure to award any damages for future pain and suffering cannot be reconciled with the finding of permanent injury ( see Shaw v. Jacobs, 279 A.D.2d 624; Sescila v. Garine, 225 A.D.2d 684, 685; Laylon v. Shaver, 187 A.D.2d 983). Accordingly, we remit the matter to the Supreme Court, Nassau County, for a new trial on the issue of damages. In light of our determination, we need not address the plaintiff's claim that the award for past pain and suffering was inadequate.

KRAUSMAN, J.P., FRIEDMANN, MASTRO and RIVERA, JJ., concur.

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AJOUDANPOUR v. GLOBMAN
(Dec 1, 2003)