Kaufman v. Hodinka

Appellate Division of the Supreme Court of New York

Kaufman v. Hodinka

151 A.D.2d 398

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

DecidedJune 22, 1989

StatusPublished

Cited by2 cases

This text of 151 A.D.2d 398 (Kaufman v. Hodinka) 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

Kaufman v. Hodinka, 151 A.D.2d 398 (N.Y. Ct. App. 1989).

Pincite

Opinion

Judgment of the Supreme Court, Bronx County (David Levy, J.), entered on September 30, 1988, which, following a jury trial, awarded damages to plaintiff in the amount of $670,352, plus interest, costs and disbursements, is unanimously modified on the law to the extent of vacating the award of $50,000 for loss of enjoyment of life, and otherwise affirmed, without costs and disbursements.

Defendants argue, in part, and plaintiff concedes that loss of enjoyment of life may not be considered as a category of damages separate from pain and suffering (Nussbaum v Gibstein, 73 NY2d 912; McDougald v Garber, 73 NY2d 246). Since the jury herein awarded plaintiff the sum of $250,000 for pain and suffering, he was not entitled to receive an additional $50,000 as separate damages for loss of enjoyment of life. We have reviewed defendants’ other contentions and find them to be without merit. Concur — Ross, J. P., Carro, Milonas, Wallach and Rubin, JJ.

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

Judgment of the Supreme Court, Bronx County (David Levy, J.), entered on September 30, 1988, which, following a jury trial, awarded damages to plaintiff in the amount of $670,352, plus interest, costs and disbursements, is unanimously modified on the law to the extent of vacating the award of $50,000 for loss of enjoyment of life, and otherwise affirmed, without costs and disbursements.

Defendants argue, in part, and plaintiff concedes that loss of enjoyment of life may not be considered as a category of damages separate from pain and suffering (Nussbaum v Gibstein, 73 NY2d 912; McDougald v Garber, 73 NY2d 246). Since the jury herein awarded plaintiff the sum of $250,000 for pain and suffering, he was not entitled to receive an additional $50,000 as separate damages for loss of enjoyment of life. We have reviewed defendants’ other contentions and find them to be without merit. Concur — Ross, J. P., Carro, Milonas, Wallach and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

151 A.D.2d 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaufman-v-hodinka-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack