Velez v. New York City Health

Appellate Division of the Supreme Court of New York

Velez v. New York City Health

166 A.D.2d 344, 561 N.Y.S.2d 161, 1990 N.Y. App. Div. LEXIS 12782

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

DecidedOctober 25, 1990

StatusPublished

This text of 166 A.D.2d 344 (Velez v. New York City Health) 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

Velez v. New York City Health, 166 A.D.2d 344, 561 N.Y.S.2d 161, 1990 N.Y. App. Div. LEXIS 12782 (N.Y. Ct. App. 1990).

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Opinion

Judgment Supreme Court, New York County (John Doyle, J.), entered June 16, 1989, which, upon a jury verdict, found in favor of plaintiff against defendant and awarded damages in the amount of $100,000, unanimously modified, without costs, on the law and [345]*345the facts, and a new trial ordered solely on the issue of damages, unless defendant, within 20 days after service of a copy of the order herein upon counsel for plaintiff, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to increase the verdict in plaintiffs favor to $600,000 and to entry of an amended judgment in accordance therewith. If defendant so stipulates, the judgment, as amended, is unanimously affirmed, without costs and without disbursements.

After review of the record, including the testimony of complainant and his expert witness concerning his previous hospitalizations, chemotherapy treatment and attendant side effects (i.e., loss of hair, loss of appetite, depression, extreme stomach cramps, nausea, lowered fertility and kidney problems), we conclude that the verdict was inadequate to the extent indicated. Concur—Murphy, P. J., Kupferman, Milonas and Rubin, JJ.

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Judgment Supreme Court, New York County (John Doyle, J.), entered June 16, 1989, which, upon a jury verdict, found in favor of plaintiff against defendant and awarded damages in the amount of $100,000, unanimously modified, without costs, on the law and [345]*345the facts, and a new trial ordered solely on the issue of damages, unless defendant, within 20 days after service of a copy of the order herein upon counsel for plaintiff, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to increase the verdict in plaintiffs favor to $600,000 and to entry of an amended judgment in accordance therewith. If defendant so stipulates, the judgment, as amended, is unanimously affirmed, without costs and without disbursements.

After review of the record, including the testimony of complainant and his expert witness concerning his previous hospitalizations, chemotherapy treatment and attendant side effects (i.e., loss of hair, loss of appetite, depression, extreme stomach cramps, nausea, lowered fertility and kidney problems), we conclude that the verdict was inadequate to the extent indicated. Concur—Murphy, P. J., Kupferman, Milonas and Rubin, JJ.

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Bluebook (online)

166 A.D.2d 344, 561 N.Y.S.2d 161, 1990 N.Y. App. Div. LEXIS 12782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/velez-v-new-york-city-health-nyappdiv-1990.