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PAULETTE SHAW, respondent, v. DOLORES JACOBS, ET AL., appellants, et al., defendant.

DECISION ORDER

ORDERED that the judgment is reversed, on the facts and as an exercise of discretion, and a new trial on the issue of damages is granted, with costs to abide the event.

Contrary to the appellants' contention, the trial court properly submitted to the jury the issue of whether the plaintiff sustained a serious injury within the meaning of Insurance Law § 5102(d) (see, Licari v. Elliot, 57 N.Y.2d 230). However, we agree with their contention that the jury verdict was inconsistent. The jury found that the plaintiff sustained an injury which resulted in a "permanent loss of use of a body organ, member, function or system" (Insurance Law § 5102[d]), yet failed to award any damages for future pain and suffering. The failure to award any future damages cannot be reconciled with the finding of permanent injury (see, Sescila v. Garine, 225 A.D.2d 684; Laylon v. Shaver, 187 A.D.2d 983; see also, Cochetti v. Gralow, 192 A.D.2d 974). Accordingly, a new trial on the issue of damages is warranted.

The appellants' remaining contentions are without merit.

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SHAW v. JACOBS
(Jan 31, 2001)