Gonzalez v. Felson

Appellate Division of the Supreme Court of New York

Gonzalez v. Felson

244 A.D.2d 525, 665 N.Y.S.2d 582, 1997 N.Y. App. Div. LEXIS 11852

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

DecidedNovember 24, 1997

StatusPublished

Cited by1 cases

This text of 244 A.D.2d 525 (Gonzalez v. Felson) 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

Gonzalez v. Felson, 244 A.D.2d 525, 665 N.Y.S.2d 582, 1997 N.Y. App. Div. LEXIS 11852 (N.Y. Ct. App. 1997).

Pincite

Opinion

—In an action to recover damages for personal injuries, the defendants appeal from a judgment of the Supreme Court, Kings County (Belen, J.), entered October 17, 1996, which, upon a jury verdict finding the defendants 100% at fault in the happening of the accident, awarded the plaintiff $860,000 ($250,000 for past pain and suffering, $450,000 for future pain and suffering, $130,000 for future lost earnings, and $30,000 for future medical expenses).

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly denied the defendants’ request for a missing-witness charge (see, PJI 1:75) since the testimony of the two doctors would have been merely cumulative (see, Kane v Linsky, 156 AD2d 333, 334; Levande v Dines, 153 AD2d 671, 672; Getlin v St. Vincent’s Hosp. & Med. Ctr., 117 AD2d 707, 708).

Contrary to the defendants’ assertions on appeal, the damage award did not deviate materially from what would be reasonable compensation (see, CPLR 5501 [c]).

The defendants’ remaining contention is without merit. Copertino, J. P., Friedmann, Krausman and Goldstein, JJ., concur.

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