Loney v. Fico

Appellate Division of the Supreme Court of New York

Loney v. Fico

283 A.D.2d 372, 725 N.Y.S.2d 45, 2001 N.Y. App. Div. LEXIS 6600

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

DecidedMay 31, 2001

StatusPublished

Cited by1 cases

This text of 283 A.D.2d 372 (Loney v. Fico) 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

Loney v. Fico, 283 A.D.2d 372, 725 N.Y.S.2d 45, 2001 N.Y. App. Div. LEXIS 6600 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Judgment, Supreme Court, Bronx County (Bertram Katz, J., and a jury), entered June 19, 2000, insofar as appealed from, awarding plaintiff $149,050 for past pain and suffering, unanimously affirmed, without costs.

The challenged award is fairly supported by evidence (see, Walker v Prince, 266 AD2d 27) that plaintiff’s injury, a fractured coccyx, was not amenable to casting or surgical intervention and involved a painful healing process lasting several years, and that plaintiff suffered severe pain for eight or nine months after the accident that did not fully abate until some two years after the accident, with resulting incapacitation and loss of enjoyment of life (CPLR 5501 [c]). Concur— Williams, J. P., Lerner, Rubin, Saxe and Buckley, JJ.

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—Judgment, Supreme Court, Bronx County (Bertram Katz, J., and a jury), entered June 19, 2000, insofar as appealed from, awarding plaintiff $149,050 for past pain and suffering, unanimously affirmed, without costs.

The challenged award is fairly supported by evidence (see, Walker v Prince, 266 AD2d 27) that plaintiff’s injury, a fractured coccyx, was not amenable to casting or surgical intervention and involved a painful healing process lasting several years, and that plaintiff suffered severe pain for eight or nine months after the accident that did not fully abate until some two years after the accident, with resulting incapacitation and loss of enjoyment of life (CPLR 5501 [c]). Concur— Williams, J. P., Lerner, Rubin, Saxe and Buckley, JJ.

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Bluebook (online)

283 A.D.2d 372, 725 N.Y.S.2d 45, 2001 N.Y. App. Div. LEXIS 6600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loney-v-fico-nyappdiv-2001.

Opinion

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