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Bergerson v. New York State Office of Mental Health Central New York Psychiatric Center

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


November 25, 2009

CHRISTINE A. BERGERSON PLAINTIFF,
v.
NEW YORK STATE OFFICE OF MENTAL HEALTH CENTRAL NEW YORK PSYCHIATRIC CENTER, DEFENDANT.

The opinion of the court was delivered by: David N. Hurd United States District Judge

ORDER

Pursuant to the oral decision of the Court, entered into the record after hearing oral argument on November 25, 2009, in Utica, New York, it is hereby

ORDERED that

(1) Defendant's motion for judgment as a matter of law is DENIED;

(2) Defendant's motion for a new trial is DENIED;

(3) Defendant's motion to reduce the jury's damages award to $300,000 is GRANTED;

(4) Defendant's motion to bar any award of back pay is GRANTED;

(5) Plaintiff's cross-motion to amend the prior order dismissing her Second, Fourth, and Sixth Causes of Action is DENIED;

(6) Plaintiff's counsel is directed to submit her motion for attorney's fees no later than January 4, 2010; and

(7) Defendant's response is due no later than January 25, 2010.

IT IS SO ORDERED.

20091125

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