Ciganek v. Town of Clarkstown

Appellate Division of the Supreme Court of New York

Ciganek v. Town of Clarkstown

84 A.D.3d 716, 922 N.Y.S.2d 796

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

DecidedMay 3, 2011

StatusPublished

This text of 84 A.D.3d 716 (Ciganek v. Town of Clarkstown) 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

Ciganek v. Town of Clarkstown, 84 A.D.3d 716, 922 N.Y.S.2d 796 (N.Y. Ct. App. 2011).

Pincite

Opinion

In an action to [717]*717recover damages for personal injuries, etc., the defendants appeal from (1) a judgment of the Supreme Court, Rockland County (Garvey, J.), dated February 16, 2010, which, upon jury verdicts on the issues of liability and damages, is in favor of the infant plaintiff Hope L. Ciganek in the principal sum of $140,000, and (2) an order of the same court entered July 8, 2010, which, inter alia, denied their motion pursuant to CPLR 4404 to set aside the judgment on the ground that the damage awards were excessive.

Ordered that the judgment and the order are affirmed, with one bill of costs.

Under the circumstances of this case, and taking into consideration the nature and the extent of the infant plaintiffs injuries, the damages awards for past and future pain and suffering do not deviate materially from what would be considered reasonable compensation (see CPLR 5501 [c]).

The defendants’ remaining contentions are without merit. Angiolillo, J.P, Florio, Lott and Austin, JJ., concur.

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In an action to [717]*717recover damages for personal injuries, etc., the defendants appeal from (1) a judgment of the Supreme Court, Rockland County (Garvey, J.), dated February 16, 2010, which, upon jury verdicts on the issues of liability and damages, is in favor of the infant plaintiff Hope L. Ciganek in the principal sum of $140,000, and (2) an order of the same court entered July 8, 2010, which, inter alia, denied their motion pursuant to CPLR 4404 to set aside the judgment on the ground that the damage awards were excessive.

Ordered that the judgment and the order are affirmed, with one bill of costs.

Under the circumstances of this case, and taking into consideration the nature and the extent of the infant plaintiffs injuries, the damages awards for past and future pain and suffering do not deviate materially from what would be considered reasonable compensation (see CPLR 5501 [c]).

The defendants’ remaining contentions are without merit. Angiolillo, J.P, Florio, Lott and Austin, JJ., concur.

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Bluebook (online)

84 A.D.3d 716, 922 N.Y.S.2d 796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ciganek-v-town-of-clarkstown-nyappdiv-2011.