Esposito v. Wilson

Appellate Division of the Supreme Court of New York

Esposito v. Wilson

308 A.D.2d 432, 764 N.Y.S.2d 207

Appellate Division of the Supreme Court of the State of New York·Decided September 8, 2003·Published

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals, on the ground of inadequacy, from so much of a judgment of the Supreme Court, Nassau County (Franco, J.), dated November 20, 2001, as, upon a jury verdict finding the defendant 100% at fault in the happening of the accident, is in favor of the plaintiff and against the defendant in the principal sum of $50,000.

Ordered that the judgment is affirmed, with costs.

The parties entered into a preverdict, high-low agreement with parameters of $40,000 to $750,000. Since the jury verdict fell within those parameters, the plaintiff’s present challenge to the judgment cannot be sustained (cf. Gold v United Health Servs. Hosps., 95 NY2d 683, 688 [2001]; Ogu v Faulkner, 265 AD2d 469 [1999]; Baca v HRH Constr. Corp., 200 AD2d 538 [1994]). In light of our determination we do not reach the plaintiff’s remaining contention. Florio, J.P., H. Miller, Adams and Rivera, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals, on the ground of inadequacy, from so much of a judgment of the Supreme Court, Nassau County (Franco, J.), dated November 20, 2001, as, upon a jury verdict finding the defendant 100% at fault in the happening of the accident, is in favor of the plaintiff and against the defendant in the principal sum of $50,000.

Ordered that the judgment is affirmed, with costs.

The parties entered into a preverdict, high-low agreement with parameters of $40,000 to $750,000. Since the jury verdict fell within those parameters, the plaintiff’s present challenge to the judgment cannot be sustained (cf. Gold v United Health Servs. Hosps., 95 NY2d 683, 688 [2001]; Ogu v Faulkner, 265 AD2d 469 [1999]; Baca v HRH Constr. Corp., 200 AD2d 538 [1994]). In light of our determination we do not reach the plaintiff’s remaining contention. Florio, J.P., H. Miller, Adams and Rivera, JJ., concur.

Esposito v. Wilson, 308 A.D.2d 432, 764 N.Y.S.2d 207 (N.Y. Ct. App. 2003).

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Opinion

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