Aquino v. City of New York

Appellate Division of the Supreme Court of New York

Aquino v. City of New York

193 A.D.2d 474, 598 N.Y.S.2d 709

Appellate Division of the Supreme Court of the State of New York·Decided May 18, 1993·Published

Opinion

Judgment, Supreme Court, Bronx County (Barry Salman, J.), entered on or about July 2, 1991, which, after a jury trial, [475]*475awarded plaintiff Joseph Aquino a total of $4,468,128.80, unanimously affirmed, without costs.

Quite apart from whether the claim of negligent firefighting was improperly considered and/or decided, there was sufficient evidence to support the separate jury interrogatory finding of liability under General Municipal Law § 205-a, where defendant was in control of the subject building (see, Andreaccio v Unique Parking Corp., 158 AD2d 222). The award for pain and suffering did not depart materially from what would be reasonable compensation (see, Christopher v Great Atl. & Pac. Tea Co., 76 NY2d 1003).

We have considered the remaining arguments, and find them to be without merit. Concur—Murphy, P. J., Sullivan, Rosenberger, Ross and Asch, JJ.

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Judgment, Supreme Court, Bronx County (Barry Salman, J.), entered on or about July 2, 1991, which, after a jury trial, [475]*475awarded plaintiff Joseph Aquino a total of $4,468,128.80, unanimously affirmed, without costs.

Quite apart from whether the claim of negligent firefighting was improperly considered and/or decided, there was sufficient evidence to support the separate jury interrogatory finding of liability under General Municipal Law § 205-a, where defendant was in control of the subject building (see, Andreaccio v Unique Parking Corp., 158 AD2d 222). The award for pain and suffering did not depart materially from what would be reasonable compensation (see, Christopher v Great Atl. & Pac. Tea Co., 76 NY2d 1003).

We have considered the remaining arguments, and find them to be without merit. Concur—Murphy, P. J., Sullivan, Rosenberger, Ross and Asch, JJ.

Aquino v. City of New York, 193 A.D.2d 474, 598 N.Y.S.2d 709 (N.Y. Ct. App. 1993).

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Opinion

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