Klock v. Wegman's Food Market, Inc.

Full title: JAMES H. KLOCK, Plaintiff, and ALICE KLOCK, Appellant, v. WEGMAN'S FOOD…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 12, 1985

112 A.D.2d 732 (N.Y. App. Div. 1985)

Opinion

July 12, 1985

Appeal from the Supreme Court, Onondaga County, Miller, J.

Present — Hancock, Jr., J.P., Doerr, Denman, O'Donnell and Pine, JJ.

Order unanimously affirmed, without costs. Memorandum: In view of the conflicting evidence regarding the severity of plaintiff's knee injury and the extent to which it was proximately caused by defendant's negligence, the award of $5,000 is supported by the evidence and does not shock the conscience of the court ( O'Connor v. Roth, 104 A.D.2d 933).