Obey v. City of New York

Appellate Division of the Supreme Court of New York

Obey v. City of New York

2017 NY Slip Op 3713, 150 A.D.3d 454, 55 N.Y.S.3d 162

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

DecidedMay 9, 2017

Docket725 106088/07

StatusPublished

This text of 2017 NY Slip Op 3713 (Obey 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

Obey v. City of New York, 2017 NY Slip Op 3713, 150 A.D.3d 454, 55 N.Y.S.3d 162 (N.Y. Ct. App. 2017).

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Opinion

Upon remittitur from the Court of Appeals (29 NY3d 958 *455 [2017]), for consideration of issues raised but not determined on the appeal to this Court, order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered May 22, 2014, insofar as it denied plaintiffs motion to set aside the jury’s award of damages for pain and suffering, unanimously affirmed, without costs.

The jury’s award of $450,000 for past and future pain and suffering did not differ materially from what is reasonable compensation, and plaintiff raises no challenge on appeal to the award for medical expenses. The cases relied on by plaintiff in support of his challenge to the pain and suffering award (see e.g. Firmes v Chase Manhattan Auto. Fin. Corp., 50 AD3d 18 [2d Dept 2008], lv denied 11 NY3d 705 [2008]) are distinguishable, because in those cases plaintiff had significantly more surgery than occurred here. We see no reason to increase the jury’s damages award or to order a new trial on damages.

Concur—Tom, J.P., Friedman, Richter, Gische and Gesmer, JJ.

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Upon remittitur from the Court of Appeals (29 NY3d 958 *455 [2017]), for consideration of issues raised but not determined on the appeal to this Court, order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered May 22, 2014, insofar as it denied plaintiffs motion to set aside the jury’s award of damages for pain and suffering, unanimously affirmed, without costs.

The jury’s award of $450,000 for past and future pain and suffering did not differ materially from what is reasonable compensation, and plaintiff raises no challenge on appeal to the award for medical expenses. The cases relied on by plaintiff in support of his challenge to the pain and suffering award (see e.g. Firmes v Chase Manhattan Auto. Fin. Corp., 50 AD3d 18 [2d Dept 2008], lv denied 11 NY3d 705 [2008]) are distinguishable, because in those cases plaintiff had significantly more surgery than occurred here. We see no reason to increase the jury’s damages award or to order a new trial on damages.

Concur—Tom, J.P., Friedman, Richter, Gische and Gesmer, JJ.

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Bluebook (online)

2017 NY Slip Op 3713, 150 A.D.3d 454, 55 N.Y.S.3d 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obey-v-city-of-new-york-nyappdiv-2017.

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