Govan v. Ft. Sheri Realty Co.

Appellate Division of the Supreme Court of New York

Govan v. Ft. Sheri Realty Co.

267 A.D.2d 99, 700 N.Y.S.2d 3, 1999 N.Y. App. Div. LEXIS 13002

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

DecidedDecember 14, 1999

StatusPublished

Cited by4 cases

This text of 267 A.D.2d 99 (Govan v. Ft. Sheri Realty Co.) 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

Govan v. Ft. Sheri Realty Co., 267 A.D.2d 99, 700 N.Y.S.2d 3, 1999 N.Y. App. Div. LEXIS 13002 (N.Y. Ct. App. 1999).

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Opinion

—Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered [100]*100on or about September 14, 1998, which, in a personal injury action, granted defendant’s motion to set aside the jury verdict solely to the extent of ordering a new trial unless plaintiff consented to an award of damages for pain and suffering in the reduced amount of $100,000, unanimously affirmed, without costs.

The motion court properly determined that the jury’s finding of liability was not against the weight of the evidence since the evidence, fairly interpreted (see, O’Boyle v Avis Rent-A-Car Sys., 78 AD2d 431, 439), permitted the jury to conclude that defendant building owner had notice of leaks in plaintiff’s bathroom ceiling and did not fix the leaks prior to the ceiling collapse in which plaintiff was injured. The court also properly determined that the damages awarded by the jury for pain and suffering in the total amount of $550,000 deviated materially from what would be reasonable compensation for the soft tissue injuries sustained by plaintiff (see, CPLR 5501 [c]). Concur — Sullivan, J. P., Nardelli, Wallach, Saxe and Friedman, JJ.

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—Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered [100]*100on or about September 14, 1998, which, in a personal injury action, granted defendant’s motion to set aside the jury verdict solely to the extent of ordering a new trial unless plaintiff consented to an award of damages for pain and suffering in the reduced amount of $100,000, unanimously affirmed, without costs.

The motion court properly determined that the jury’s finding of liability was not against the weight of the evidence since the evidence, fairly interpreted (see, O’Boyle v Avis Rent-A-Car Sys., 78 AD2d 431, 439), permitted the jury to conclude that defendant building owner had notice of leaks in plaintiff’s bathroom ceiling and did not fix the leaks prior to the ceiling collapse in which plaintiff was injured. The court also properly determined that the damages awarded by the jury for pain and suffering in the total amount of $550,000 deviated materially from what would be reasonable compensation for the soft tissue injuries sustained by plaintiff (see, CPLR 5501 [c]). Concur — Sullivan, J. P., Nardelli, Wallach, Saxe and Friedman, JJ.

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Bluebook (online)

267 A.D.2d 99, 700 N.Y.S.2d 3, 1999 N.Y. App. Div. LEXIS 13002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/govan-v-ft-sheri-realty-co-nyappdiv-1999.

Opinion

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