Marchinek v. State

Appellate Division of the Supreme Court of New York

Marchinek v. State

33 A.D.3d 891, 824 N.Y.S.2d 647

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

DecidedOctober 24, 2006

StatusPublished

This text of 33 A.D.3d 891 (Marchinek 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

Marchinek v. State, 33 A.D.3d 891, 824 N.Y.S.2d 647 (N.Y. Ct. App. 2006).

Pincite

Opinion

In a claim to recover damages for [892]*892personal injuries, the claimant appeals (1) from a decision of the Court of Claims (Marin, J.) dated March 28, 2005, and (2), on the ground of inadequacy, from a judgment of the same court dated May 5, 2005, which, upon the decision and after a nonjury trial on the issue of damages, is in favor of the claimant and against the defendant in the principal sum of only $294,352.

Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509 [1984]); and it is further,

Ordered that the judgment is modified, on the law and the facts, by increasing the award to the principal sum of $419,352; as so modified, the judgment is affirmed, without costs or disbursements.

We find, on this record, that the award for past pain and suffering should have been for 4 years rather than IV2 years.

The claimant’s remaining contentions are without merit. Miller, J.E, Crane, Santucci and Luciano, JJ., concur.

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