Massie v. Carnegie Hall Corp.

Appellate Division of the Supreme Court of New York

Massie v. Carnegie Hall Corp.

35 A.D.3d 282, 824 N.Y.S.2d 898

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

DecidedDecember 19, 2006

StatusPublished

This text of 35 A.D.3d 282 (Massie v. Carnegie Hall Corp.) 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

Massie v. Carnegie Hall Corp., 35 A.D.3d 282, 824 N.Y.S.2d 898 (N.Y. Ct. App. 2006).

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Opinion

Judgment, Supreme Court, New York County (Alice Schlesinger, J), entered August 17, 2005, upon a jury verdict in favor of plaintiff and third-party defendant, inter alia, awarding plaintiff damages structured pursuant to CPLR article 50-B, unanimously affirmed, without costs.

In view of the proof as to the nature, extent and permanency of the facial and spinal injuries sustained by plaintiff, who was 29 years of age at the time of the subject accident, we find that the awards of $500,000 for past pain and suffering and $1.5 million for future pain and suffering did not materially deviate from what would be reasonable compensation (see CPLR 5501 [c]).

We discern no basis to disturb the jury’s conclusion, premised upon its assessment of conflicting expert and other testimony, that third-party defendant Stokes Industries, Inc. was not negligent in its design, manufacture or installation of the hoist at issue (see McDermott v Coffee Beanery, Ltd., 9 AD3d 195, 206 [2004]). Concur—Saxe, J.P., Sullivan, Nardelli, Sweeny and Malone, JJ.

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Judgment, Supreme Court, New York County (Alice Schlesinger, J), entered August 17, 2005, upon a jury verdict in favor of plaintiff and third-party defendant, inter alia, awarding plaintiff damages structured pursuant to CPLR article 50-B, unanimously affirmed, without costs.

In view of the proof as to the nature, extent and permanency of the facial and spinal injuries sustained by plaintiff, who was 29 years of age at the time of the subject accident, we find that the awards of $500,000 for past pain and suffering and $1.5 million for future pain and suffering did not materially deviate from what would be reasonable compensation (see CPLR 5501 [c]).

We discern no basis to disturb the jury’s conclusion, premised upon its assessment of conflicting expert and other testimony, that third-party defendant Stokes Industries, Inc. was not negligent in its design, manufacture or installation of the hoist at issue (see McDermott v Coffee Beanery, Ltd., 9 AD3d 195, 206 [2004]). Concur—Saxe, J.P., Sullivan, Nardelli, Sweeny and Malone, JJ.

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Bluebook (online)

35 A.D.3d 282, 824 N.Y.S.2d 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/massie-v-carnegie-hall-corp-nyappdiv-2006.

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