Severin v. Benenati

Appellate Division of the Supreme Court of New York

Severin v. Benenati

251 A.D.2d 316, 673 N.Y.S.2d 1017, 1998 N.Y. App. Div. LEXIS 6296

Appellate Division of the Supreme Court of the State of New York·Decided June 1, 1998·Published·Cited by 3 cases

Opinion

—In a negligence action to recover damages for personal injuries, the plaintiff appeals, on the ground, inter alia, of inadequacy, from a judgment of the Supreme Court, Kings County (Shaw, J.), dated April 29, 1997, which, upon a jury verdict finding him 40% at fault in the happening of the accident and finding that he suffered total damages in the amount of $75,000, is in his favor in the principal sum of only $45,000.

Ordered that the judgment is affirmed, with costs.

The jury’s award of damages for the plaintiff’s torn rotator [317] cuff injury did not deviate from what would be reasonable compensation (CPLR 5501 [c]; see, Sescila v Garine, 225 AD2d 684).

The plaintiff’s remaining contention is without merit. O’Brien, J. P., Pizzuto, Joy and Florio, JJ., concur.

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—In a negligence action to recover damages for personal injuries, the plaintiff appeals, on the ground, inter alia, of inadequacy, from a judgment of the Supreme Court, Kings County (Shaw, J.), dated April 29, 1997, which, upon a jury verdict finding him 40% at fault in the happening of the accident and finding that he suffered total damages in the amount of $75,000, is in his favor in the principal sum of only $45,000.

Ordered that the judgment is affirmed, with costs.

The jury’s award of damages for the plaintiff’s torn rotator [317] cuff injury did not deviate from what would be reasonable compensation (CPLR 5501 [c]; see, Sescila v Garine, 225 AD2d 684).

The plaintiff’s remaining contention is without merit. O’Brien, J. P., Pizzuto, Joy and Florio, JJ., concur.

Severin v. Benenati, 251 A.D.2d 316, 673 N.Y.S.2d 1017, 1998 N.Y. App. Div. LEXIS 6296 (N.Y. Ct. App. 1998).

Pincite

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Opinion

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