Luzinski v. State

Appellate Division of the Supreme Court of New York

Luzinski v. State

76 A.D.2d 980, 428 N.Y.S.2d 757

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

DecidedJune 12, 1980

DocketClaim No. 59784

StatusPublished

This text of 76 A.D.2d 980 (Luzinski v. State) 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

Luzinski v. State, 76 A.D.2d 980, 428 N.Y.S.2d 757 (N.Y. Ct. App. 1980).

Pincite

Opinion

Appeal from a judgment in favor of claimant, entered September 27, 1979, upon a decision of the Court of Claims. Claimant was injured at basketball practice in the gymnasium of the Milne School in Albany when the underside of his upper right arm became impaled on a hook protruding from a post. As a result of the injury he has a permanent scar approximately six inches long, but does not suffer from any loss of function or nerve damage. The Court of Claims awarded claimant the sum of $4,500 for the injury, including pain and suffering, and the only issue presented by him on this appeal concerns the adequacy of its award. The trial court had the opportunity to assess the testimony of the claimant and to observe the residual scar. Under the circumstances, we are unable to say its award is so grossly inadequate as to shock the conscience of the court (cf. James v Shanley, 73 AD2d 752). Judgment affirmed, without costs. Mahoney, P. J., Sweeney, Kane, Main and Casey, JJ., concur.

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Appeal from a judgment in favor of claimant, entered September 27, 1979, upon a decision of the Court of Claims. Claimant was injured at basketball practice in the gymnasium of the Milne School in Albany when the underside of his upper right arm became impaled on a hook protruding from a post. As a result of the injury he has a permanent scar approximately six inches long, but does not suffer from any loss of function or nerve damage. The Court of Claims awarded claimant the sum of $4,500 for the injury, including pain and suffering, and the only issue presented by him on this appeal concerns the adequacy of its award. The trial court had the opportunity to assess the testimony of the claimant and to observe the residual scar. Under the circumstances, we are unable to say its award is so grossly inadequate as to shock the conscience of the court (cf. James v Shanley, 73 AD2d 752). Judgment affirmed, without costs. Mahoney, P. J., Sweeney, Kane, Main and Casey, JJ., concur.

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Bluebook (online)

76 A.D.2d 980, 428 N.Y.S.2d 757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luzinski-v-state-nyappdiv-1980.

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