Marron v. City of New York

Appellate Division of the Supreme Court of New York

Marron v. City of New York

221 A.D.2d 510, 635 N.Y.S.2d 486, 1995 N.Y. App. Div. LEXIS 12001

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

DecidedNovember 20, 1995

StatusPublished

This text of 221 A.D.2d 510 (Marron v. City of New York) 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

Marron v. City of New York, 221 A.D.2d 510, 635 N.Y.S.2d 486, 1995 N.Y. App. Div. LEXIS 12001 (N.Y. Ct. App. 1995).

Pincite

Opinion

—In an action to recover damages for personal injuries, the defendant City of New York appeals from a judgment of the Supreme Court, Kings County (G. Aronin, J.), entered April 6, 1994, which, upon a jury verdict finding the appellant 70% at fault in the happening of the accident, and a verdict finding the plaintiff to have suffered damages in the sum of $511,700, is in favor of the plaintiff and against it in the principal sum of $358,190 (70% of $511,700).

Ordered that the judgment is affirmed, with costs.

Contrary to the appellant’s contention, a fair interpretation of the evidence supports the jury’s apportionment of liability, and consequently its verdict should not be disturbed (see, Salazar v Fisher, 147 AD2d 470; Nicastro v Park, 113 AD2d 129; Delgado v Board of Educ., 65 AD2d 547, affd 48 NY2d [511]*511643). Moreover, we find that the awards for past pain and suffering and future pain and suffering did not materially deviate from what would be reasonable compensation (see, CPLR 5501 [c]).

The appellant’s remaining contentions are without merit. Balletta, J. P., Ritter, Copertino and Pizzuto, JJ., concur.

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—In an action to recover damages for personal injuries, the defendant City of New York appeals from a judgment of the Supreme Court, Kings County (G. Aronin, J.), entered April 6, 1994, which, upon a jury verdict finding the appellant 70% at fault in the happening of the accident, and a verdict finding the plaintiff to have suffered damages in the sum of $511,700, is in favor of the plaintiff and against it in the principal sum of $358,190 (70% of $511,700).

Ordered that the judgment is affirmed, with costs.

Contrary to the appellant’s contention, a fair interpretation of the evidence supports the jury’s apportionment of liability, and consequently its verdict should not be disturbed (see, Salazar v Fisher, 147 AD2d 470; Nicastro v Park, 113 AD2d 129; Delgado v Board of Educ., 65 AD2d 547, affd 48 NY2d [511]*511643). Moreover, we find that the awards for past pain and suffering and future pain and suffering did not materially deviate from what would be reasonable compensation (see, CPLR 5501 [c]).

The appellant’s remaining contentions are without merit. Balletta, J. P., Ritter, Copertino and Pizzuto, JJ., concur.

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Bluebook (online)

221 A.D.2d 510, 635 N.Y.S.2d 486, 1995 N.Y. App. Div. LEXIS 12001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marron-v-city-of-new-york-nyappdiv-1995.

Opinion

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