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Murtagh v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Apr 5, 1990
160 A.D.2d 248 (N.Y. App. Div. 1990)

Opinion

April 5, 1990

Appeal from the Supreme Court, New York County (Eugene Nardelli, J.).


In light of the severity of plaintiff's injuries, his persistent disability and economic loss, the jury's verdict was not so excessive as to shock the conscience of the court (Ostrowski v. Apex Mar. Corp., 123 A.D.2d 257; Reinhart v. Long Is. Light. Co., 100 A.D.2d 755). However, as plaintiff concedes, the verdict must be reduced, since the jury awarded damages for loss of enjoyment of life, past and future, which were duplicative of damages awarded for conscious pain and suffering (McDougald v. Garber, 73 N.Y.2d 246; Grandinetti v. Rose, 155 A.D.2d 378). We have considered the parties' remaining contentions and find them to be without merit.

Concur — Milonas, J.P., Rosenberger, Ellerin and Smith, JJ.


Summaries of

Murtagh v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Apr 5, 1990
160 A.D.2d 248 (N.Y. App. Div. 1990)
Case details for

Murtagh v. City of New York

Case Details

Full title:THOMAS MURTAGH et al., Respondents, v. CITY OF NEW YORK et al.…

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

Date published: Apr 5, 1990

Citations

160 A.D.2d 248 (N.Y. App. Div. 1990)