Kindelan v. Society of New York Hospital

Appellate Division of the Supreme Court of New York

Kindelan v. Society of New York Hospital

7 A.D.3d 294, 776 N.Y.S.2d 786, 2004 N.Y. App. Div. LEXIS 6593

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

DecidedMay 6, 2004

StatusPublished

This text of 7 A.D.3d 294 (Kindelan v. Society of New York Hospital) 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

Kindelan v. Society of New York Hospital, 7 A.D.3d 294, 776 N.Y.S.2d 786, 2004 N.Y. App. Div. LEXIS 6593 (N.Y. Ct. App. 2004).

Pincite

Opinion

Order, Supreme Court, Bronx County (Dianne T. Renwick, J.), entered April 8, 2003, which, to the extent appealed from, granted defendant The Society of The New York Hospital’s motion to set aside the jury verdict on the ground of excessiveness and directed a new trial on the issue of damages unless plaintiff stipulated to reduce the awards for past and future pain and suffering from $1.5 million and $1 million, respectively, to $450,000 for past pain and suffering and $150,000 for future pain and suffering, unanimously modified, on the law and the facts, to increase the amounts to which plaintiff must stipulate to avoid a new trial to $600,000 for past pain and suffering and $400,000 for future pain and suffering, and otherwise affirmed, without costs.

The awards for pain and suffering, as reduced by the trial court, deviate materially from what is reasonable compensation under the circumstances (CPLR 5501 [c]) to the extent indicated. Concur—Nardelli, J.P., Saxe, Williams and Friedman, JJ.

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Order, Supreme Court, Bronx County (Dianne T. Renwick, J.), entered April 8, 2003, which, to the extent appealed from, granted defendant The Society of The New York Hospital’s motion to set aside the jury verdict on the ground of excessiveness and directed a new trial on the issue of damages unless plaintiff stipulated to reduce the awards for past and future pain and suffering from $1.5 million and $1 million, respectively, to $450,000 for past pain and suffering and $150,000 for future pain and suffering, unanimously modified, on the law and the facts, to increase the amounts to which plaintiff must stipulate to avoid a new trial to $600,000 for past pain and suffering and $400,000 for future pain and suffering, and otherwise affirmed, without costs.

The awards for pain and suffering, as reduced by the trial court, deviate materially from what is reasonable compensation under the circumstances (CPLR 5501 [c]) to the extent indicated. Concur—Nardelli, J.P., Saxe, Williams and Friedman, JJ.

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Bluebook (online)

7 A.D.3d 294, 776 N.Y.S.2d 786, 2004 N.Y. App. Div. LEXIS 6593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kindelan-v-society-of-new-york-hospital-nyappdiv-2004.