Colao v. Brightwater Towers, Inc.

Appellate Division of the Supreme Court of New York

Colao v. Brightwater Towers, Inc.

88 A.D.2d 580, 449 N.Y.S.2d 801, 1982 N.Y. App. Div. LEXIS 16743

Appellate Division of the Supreme Court of the State of New York·Decided May 3, 1982·Published·Cited by 1 cases

Opinion

— In a personal injury action, the third-party defendant appeals from an order of the Supreme Court, Kings County (Composto, J.), dated April 2, 1981, which, inter alia, granted plaintiff’s motion to set aside a jury verdict in his favor of $100,000 as inadequate and ordered a new trial on the question of damages, unless the third-party defendant agreed to pay $200,000. Order reversed, without costs or disbursements, motion to set aside verdict denied, and the verdict is reinstated. The record here discloses a rational basis for the jury’s verdict of $67,000 for the plaintiff’s loss of earnings due to the leg injury, which was the only injury he was found to have sustained. The award of $33,000 for pain and suffering was solely and properly within the province of the jury to make and should not be disturbed (see Juiditta v Bethlehem Steel Corp., 75 AD2d 126, 138; James v Shanley, 73 AD2d 752). Mangano, J. P., Gulotta, O’Connor and Bracken, JJ., concur.

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— In a personal injury action, the third-party defendant appeals from an order of the Supreme Court, Kings County (Composto, J.), dated April 2, 1981, which, inter alia, granted plaintiff’s motion to set aside a jury verdict in his favor of $100,000 as inadequate and ordered a new trial on the question of damages, unless the third-party defendant agreed to pay $200,000. Order reversed, without costs or disbursements, motion to set aside verdict denied, and the verdict is reinstated. The record here discloses a rational basis for the jury’s verdict of $67,000 for the plaintiff’s loss of earnings due to the leg injury, which was the only injury he was found to have sustained. The award of $33,000 for pain and suffering was solely and properly within the province of the jury to make and should not be disturbed (see Juiditta v Bethlehem Steel Corp., 75 AD2d 126, 138; James v Shanley, 73 AD2d 752). Mangano, J. P., Gulotta, O’Connor and Bracken, JJ., concur.

Colao v. Brightwater Towers, Inc., 88 A.D.2d 580, 449 N.Y.S.2d 801, 1982 N.Y. App. Div. LEXIS 16743 (N.Y. Ct. App. 1982).

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Opinion

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