Olsen v. City of Schenectady

Appellate Division of the Supreme Court of New York

Olsen v. City of Schenectady

214 A.D.2d 869, 625 N.Y.S.2d 350, 1995 N.Y. App. Div. LEXIS 4400

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

DecidedApril 20, 1995

StatusPublished

Cited by2 cases

This text of 214 A.D.2d 869 (Olsen v. City of Schenectady) 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

Olsen v. City of Schenectady, 214 A.D.2d 869, 625 N.Y.S.2d 350, 1995 N.Y. App. Div. LEXIS 4400 (N.Y. Ct. App. 1995).

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Opinion

Cardona, P. J.

Appeal from a judgment of the Supreme Court (Ferradino, J.), entered November 1, 1993 in Schenectady County, upon a verdict rendered in favor of plaintiff.

On August 12, 1984, plaintiff, an 11-year-old child, sustained injuries when she struck her head on a drainage gutter while diving at a swimming pool owned and operated by defendant. The injuries consisted of a four-centimeter laceration to her forehead just above the nose, resulting in a permanent fine-scar line in the shape of a "Y” and intermittent headaches. Plaintiff’s personal injury action was bifurcated and liability was tried before a jury which apportioned liability 40% to plaintiff and 60% to defendant. Upon the consent of both parties, the issue of damages was tried before Supreme Court without a jury, resulting in an award of $80,000. Defendant now appeals contending that the award is excessive (see, CPLR 5501 [c]).

Based upon our review of the record, we find that the award of damages does not deviate materially from reasonable compensation (see, Marx v Pross, 197 AD2d 800, 801; Reed v Harter Chair Corp., 185 AD2d 547, 549-550) and, therefore, the judgment appealed from should be affirmed.

Mikoll, Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, with costs.

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Cardona, P. J.

Appeal from a judgment of the Supreme Court (Ferradino, J.), entered November 1, 1993 in Schenectady County, upon a verdict rendered in favor of plaintiff.

On August 12, 1984, plaintiff, an 11-year-old child, sustained injuries when she struck her head on a drainage gutter while diving at a swimming pool owned and operated by defendant. The injuries consisted of a four-centimeter laceration to her forehead just above the nose, resulting in a permanent fine-scar line in the shape of a "Y” and intermittent headaches. Plaintiff’s personal injury action was bifurcated and liability was tried before a jury which apportioned liability 40% to plaintiff and 60% to defendant. Upon the consent of both parties, the issue of damages was tried before Supreme Court without a jury, resulting in an award of $80,000. Defendant now appeals contending that the award is excessive (see, CPLR 5501 [c]).

Based upon our review of the record, we find that the award of damages does not deviate materially from reasonable compensation (see, Marx v Pross, 197 AD2d 800, 801; Reed v Harter Chair Corp., 185 AD2d 547, 549-550) and, therefore, the judgment appealed from should be affirmed.

Mikoll, Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, with costs.

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214 A.D.2d 869, 625 N.Y.S.2d 350, 1995 N.Y. App. Div. LEXIS 4400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olsen-v-city-of-schenectady-nyappdiv-1995.

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