Cecere v. 3950 Blackstone Associates

Appellate Division of the Supreme Court of New York

Cecere v. 3950 Blackstone Associates

238 A.D.2d 200, 656 N.Y.S.2d 242, 1997 N.Y. App. Div. LEXIS 3763

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 15, 1997

StatusPublished

Cited by2 cases

This text of 238 A.D.2d 200 (Cecere v. 3950 Blackstone Associates) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cecere v. 3950 Blackstone Associates, 238 A.D.2d 200, 656 N.Y.S.2d 242, 1997 N.Y. App. Div. LEXIS 3763 (N.Y. Ct. App. 1997).

Pincite

Opinion

—Order, Supreme Court, New York County (Paula Omansky, J.), entered on or about April 7, 1996, which granted plaintiff’s motion to set aside the jury’s verdict of $57,000 insofar as it awarded $6,500 for past pain and suffering and $11,000 for future pain and suffering, and directed a new trial on damages unless defendant stipulated to increases for past and future pain and suffering to $125,000 and $50,000, respectively, unanimously affirmed, without costs.

We agree with the trial court that the awards for past and future pain and suffering in favor of plaintiff, 22 years old when the index finger on her dominant right hand was caught in a door and severed just below the first knuckle, could not have been reached on any fair interpretation of the evidence (see, Lolik v Big V Supermarkets, 86 NY2d 744), and that the awards therefor should be increased as indicated (see, Nicastro v Park, 113 AD2d 129, 136-137; cf., Fields v City Univ., 216 AD2d 87). Concur—Rosenberger, J. P., Ellerin, Nardelli and Tom, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (Paula Omansky, J.), entered on or about April 7, 1996, which granted plaintiff’s motion to set aside the jury’s verdict of $57,000 insofar as it awarded $6,500 for past pain and suffering and $11,000 for future pain and suffering, and directed a new trial on damages unless defendant stipulated to increases for past and future pain and suffering to $125,000 and $50,000, respectively, unanimously affirmed, without costs.

We agree with the trial court that the awards for past and future pain and suffering in favor of plaintiff, 22 years old when the index finger on her dominant right hand was caught in a door and severed just below the first knuckle, could not have been reached on any fair interpretation of the evidence (see, Lolik v Big V Supermarkets, 86 NY2d 744), and that the awards therefor should be increased as indicated (see, Nicastro v Park, 113 AD2d 129, 136-137; cf., Fields v City Univ., 216 AD2d 87). Concur—Rosenberger, J. P., Ellerin, Nardelli and Tom, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

238 A.D.2d 200, 656 N.Y.S.2d 242, 1997 N.Y. App. Div. LEXIS 3763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cecere-v-3950-blackstone-associates-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack