Hinchy v. Long Island Rail Road Co.

Appellate Division of the Supreme Court of New York

Hinchy v. Long Island Rail Road Co.

114 A.D.2d 936, 495 N.Y.S.2d 916, 1985 N.Y. App. Div. LEXIS 53977

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

DecidedNovember 18, 1985

StatusPublished

This text of 114 A.D.2d 936 (Hinchy v. Long Island Rail Road 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

Hinchy v. Long Island Rail Road Co., 114 A.D.2d 936, 495 N.Y.S.2d 916, 1985 N.Y. App. Div. LEXIS 53977 (N.Y. Ct. App. 1985).

Pincite

Opinion

—In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal (1) as limited by their brief, from so much of a judgment of the Supreme Court, Suffolk County (Cannavo, J.), entered April 18, 1984, as limited the award of damages to the principal sum of $15,000, and (2) from an order of the same court, dated August 21, 1984, which denied their motion, inter alia, to set aside the jury’s verdict as to damages.

Order affirmed and judgment affirmed, insofar as appealed from, without costs or disbursements.

It is the function of the jury to determine the extent of damages sustained by an injured plaintiff, and its assessment will not be disturbed unless it is shocking to the conscience of the court (see, Juiditta v Bethlehem Steel Corp., 75 AD2d 126, 138). We have reviewed the record and find no basis for disturbing the jury’s assessment of the injured plaintiff’s damages. Mollen, P. J., Thompson, Brown and Lawrence, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal (1) as limited by their brief, from so much of a judgment of the Supreme Court, Suffolk County (Cannavo, J.), entered April 18, 1984, as limited the award of damages to the principal sum of $15,000, and (2) from an order of the same court, dated August 21, 1984, which denied their motion, inter alia, to set aside the jury’s verdict as to damages.

Order affirmed and judgment affirmed, insofar as appealed from, without costs or disbursements.

It is the function of the jury to determine the extent of damages sustained by an injured plaintiff, and its assessment will not be disturbed unless it is shocking to the conscience of the court (see, Juiditta v Bethlehem Steel Corp., 75 AD2d 126, 138). We have reviewed the record and find no basis for disturbing the jury’s assessment of the injured plaintiff’s damages. Mollen, P. J., Thompson, Brown and Lawrence, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

114 A.D.2d 936, 495 N.Y.S.2d 916, 1985 N.Y. App. Div. LEXIS 53977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hinchy-v-long-island-rail-road-co-nyappdiv-1985.

Opinion

Related

Cite This Page — Counsel Stack