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O'Connor v. Sears Roebuck Company

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1991
170 A.D.2d 660 (N.Y. App. Div. 1991)

Opinion

February 25, 1991

Appeal from the Supreme Court, Suffolk County (Jones, J.).


Ordered that the cross appeal is dismissed, without costs or disbursements, as abandoned; and it is further,

Ordered that upon review on the appeal, the judgment is affirmed, without costs or disbursements.

The amount of damages to be awarded for personal injuries is primarily a question of fact for the jury and should only be set aside where the award is inadequate or excessive (see, Senko v Fonda, 53 A.D.2d 638). An award will be deemed inadequate or excessive where it deviates materially from what would be reasonable compensation (see, CPLR 5501 [c]). We find that the jury's award was not inadequate. Mangano, P.J., Kunzeman, Eiber and Balletta, JJ., concur.


Summaries of

O'Connor v. Sears Roebuck Company

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1991
170 A.D.2d 660 (N.Y. App. Div. 1991)
Case details for

O'Connor v. Sears Roebuck Company

Case Details

Full title:JAMES M. O'CONNOR et al., Appellants-Respondents, v. SEARS ROEBUCK…

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

Date published: Feb 25, 1991

Citations

170 A.D.2d 660 (N.Y. App. Div. 1991)
567 N.Y.S.2d 81

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