Gursky v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Gursky v. New York City Transit Authority

162 A.D.2d 256, 559 N.Y.S.2d 126, 1990 N.Y. App. Div. LEXIS 7382

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

DecidedJune 19, 1990

StatusPublished

This text of 162 A.D.2d 256 (Gursky v. New York City Transit Authority) 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

Gursky v. New York City Transit Authority, 162 A.D.2d 256, 559 N.Y.S.2d 126, 1990 N.Y. App. Div. LEXIS 7382 (N.Y. Ct. App. 1990).

Pincite

Opinion

Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered on or about May 9, 1989, which after a jury trial found in favor of the plaintiff in the amount of $265,800, unanimously affirmed, without costs.

While the court should have instructed the jury to itemize each element of damages awarded in compliance with CPLR 4111 (f), defendant failed to preserve the issue for appellate review by failing to object at trial. The court properly instructed the jury that it could award damages for loss of enjoyment of life as a part of damages for pain and suffering. Contrary to defendant’s arguments, the damages awarded did not deviate materially from what would be fair and reasonable compensation within the meaning of CPLR 5501 (c). Concur—Murphy, P. J., Carro, Milonas and Ellerin, JJ.

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Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered on or about May 9, 1989, which after a jury trial found in favor of the plaintiff in the amount of $265,800, unanimously affirmed, without costs.

While the court should have instructed the jury to itemize each element of damages awarded in compliance with CPLR 4111 (f), defendant failed to preserve the issue for appellate review by failing to object at trial. The court properly instructed the jury that it could award damages for loss of enjoyment of life as a part of damages for pain and suffering. Contrary to defendant’s arguments, the damages awarded did not deviate materially from what would be fair and reasonable compensation within the meaning of CPLR 5501 (c). Concur—Murphy, P. J., Carro, Milonas and Ellerin, JJ.

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Bluebook (online)

162 A.D.2d 256, 559 N.Y.S.2d 126, 1990 N.Y. App. Div. LEXIS 7382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gursky-v-new-york-city-transit-authority-nyappdiv-1990.