—Judgment, Supreme Court, New York County (Harold Tompkins, J.), entered January 22, 1999, after a jury trial, awarding plaintiff $21,152 for past lost earnings, but nothing for past pain and suffering, past medical expenses, future lost earnings, future pain and suffering or future medical expenses, unanimously modified, on the law and the facts, to award plaintiff $55,585.69 for past medical expenses and to remand the matter for a new trial on the issue of damages for plaintiffs past pain and suffering only, and otherwise affirmed, without costs.
Defendant correctly concedes that the failure to award past medical expenses and past pain and suffering is inconsistent with a finding of liability against the defendant and with an award for approximately 9V2 months of past lost earnings (see, Schaefer v RCP Assocs., 232 AD2d 286; see generally, Pares v
We have considered plaintiffs remaining contentions and find them to be unavailing. Concur — Williams, J. P., Tom, Mazzarelli and Buckley, JJ.
