Yazdanpanah v. Rosenfeld

Appellate Division of the Supreme Court of New York

Yazdanpanah v. Rosenfeld

205 A.D.2d 758, 614 N.Y.S.2d 32, 1994 N.Y. App. Div. LEXIS 6684

Appellate Division of the Supreme Court of the State of New York·Decided June 27, 1994·Published·Cited by 3 cases

Opinion

In an action to recover damages for personal injuries, the plaintiff appeals, on the ground of inadequacy, from a judgment of the Supreme Court, Nassau County (Roncallo, J.), dated September 30, 1992, which, upon a jury verdict, is in favor of the plaintiff in the principal sum of only $90,000.

Ordered that the judgment is affirmed, with costs.

The plaintiff was injured in a motor vehicle accident and sustained, inter alia, a bimalleolar fracture dislocation of the right ankle, which required the surgical insertion and later removal of a metal plate and screws. The jury awarded the plaintiff $90,000 in damages for pain and suffering. The award does not deviate materially from what would be reasonable compensation for the plaintiff’s injuries (see, CPLR 5501 [c]; Carlino v County of Albany, 178 AD2d 772; Jakalow v Consoli, 175 AD2d 826; Cadaner v Eretz Assn., 155 AD2d 409). Sullivan, J. P., Balletta, Altman and Friedmann, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiff appeals, on the ground of inadequacy, from a judgment of the Supreme Court, Nassau County (Roncallo, J.), dated September 30, 1992, which, upon a jury verdict, is in favor of the plaintiff in the principal sum of only $90,000.

Ordered that the judgment is affirmed, with costs.

The plaintiff was injured in a motor vehicle accident and sustained, inter alia, a bimalleolar fracture dislocation of the right ankle, which required the surgical insertion and later removal of a metal plate and screws. The jury awarded the plaintiff $90,000 in damages for pain and suffering. The award does not deviate materially from what would be reasonable compensation for the plaintiff’s injuries (see, CPLR 5501 [c]; Carlino v County of Albany, 178 AD2d 772; Jakalow v Consoli, 175 AD2d 826; Cadaner v Eretz Assn., 155 AD2d 409). Sullivan, J. P., Balletta, Altman and Friedmann, JJ., concur.

Yazdanpanah v. Rosenfeld, 205 A.D.2d 758, 614 N.Y.S.2d 32, 1994 N.Y. App. Div. LEXIS 6684 (N.Y. Ct. App. 1994).

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