Troy J. Rodman Vmemorandum Frank J. Deangelis

Motion No: 522813

Slip Opinion No: 2017 NY Slip Op 78071(U)

Decided on June 19, 2017

Appellate Division, Third Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Decided and Entered: June 19, 2017522813
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TROY J. RODMAN,                      
                                 Appellant,
                      v                      MEMORANDUM AND ORDER
                      ON MOTION
FRANK J. DEANGELIS,
                                                       Respondent.
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Motion for reargument or, in the alternative, for permission to appeal to the Court of Appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for reargument is granted, without costs, to the extent that the opinion and order of this Court decided and entered February 16, 2017 [see 148 AD3d 119] is amended so as to add to page 7 of this Court's opinion and order after the first paragraph the following paragraph: "Although not addressed by defendant on appeal, the matter must be remitted to Supreme Court for a determination on that portion of defendant's posttrial motion challenging the jury's award of past and future medical expenses on the basis that the trial evidence did not support a finding that plaintiff's total medical expenses would exceed the $50,000 basic economic loss threshold contained in Insurance Law § 5104." It is further
ORDERED that the opinion and order of this Court decided and entered February 16, 2017 [see 148 AD3d 119] is amended so as to substitute for the decretal paragraph of this Court's opinion and order the following: "ORDERED that the order and judgment are reversed, on the law, with costs, verdict reinstated and matter remitted to the Supreme Court for further proceedings not inconsistent with this Court's decision." It is further
ORDERED that the motion for permission to appeal to the Court of Appeals is denied, without costs.
McCarthy, J.P., Lynch, Rose, Clark, and Aarons, JJ., concur.

ENTER:

Robert D. Mayberger
Clerk of the Court