Rodriguez v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Rodriguez v. New York City Health & Hospitals Corp.

40 A.D.3d 442, 834 N.Y.S.2d 658

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

DecidedMay 22, 2007

StatusPublished

This text of 40 A.D.3d 442 (Rodriguez v. New York City Health & Hospitals 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

Rodriguez v. New York City Health & Hospitals Corp., 40 A.D.3d 442, 834 N.Y.S.2d 658 (N.Y. Ct. App. 2007).

Pincite

Opinion

Order, Supreme Court, New York County (Stanley L. Sklar, J;), entered March 16, 2006, which granted defendant’s motion to set aside a jury verdict to the extent of directing a new trial on the issue of damages sustained by the infant plaintiff as a result of an improper circumcision, unless plaintiffs stipulated to a reduction of the verdict from $500,000 to $150,000 for past pain and suffering and from $1 million to $225,000 for future pain and suffering, unanimously modified, on the facts, the conditional award for future pain and suffering increased to $500,000, and otherwise affirmed, without costs.

The trial court properly found that the award for this injury materially deviated from reasonable compensation (see CPLR 5501 [c]). However, its conditional reduction for future pain and suffering was excessive to the extent indicated (English v Fischman, 266 AD2d 6 [1999], lv denied 94 NY2d 760 [2000]). Concur—Andrias, J.P, Saxe, Williams, Gonzalez and Kavanagh, JJ.

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Order, Supreme Court, New York County (Stanley L. Sklar, J;), entered March 16, 2006, which granted defendant’s motion to set aside a jury verdict to the extent of directing a new trial on the issue of damages sustained by the infant plaintiff as a result of an improper circumcision, unless plaintiffs stipulated to a reduction of the verdict from $500,000 to $150,000 for past pain and suffering and from $1 million to $225,000 for future pain and suffering, unanimously modified, on the facts, the conditional award for future pain and suffering increased to $500,000, and otherwise affirmed, without costs.

The trial court properly found that the award for this injury materially deviated from reasonable compensation (see CPLR 5501 [c]). However, its conditional reduction for future pain and suffering was excessive to the extent indicated (English v Fischman, 266 AD2d 6 [1999], lv denied 94 NY2d 760 [2000]). Concur—Andrias, J.P, Saxe, Williams, Gonzalez and Kavanagh, JJ.

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Bluebook (online)

40 A.D.3d 442, 834 N.Y.S.2d 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-new-york-city-health-hospitals-corp-nyappdiv-2007.