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Britell v. Sloan's Supermarket, Inc.

Appellate Division of the Supreme Court of New York, First Department
May 4, 1999
261 A.D.2d 130 (N.Y. App. Div. 1999)

Opinion

May 4, 1999

Appeal from the Supreme Court, New York County (Raymond Cornelius, J.).


Defendants' claim that they were prejudiced by a summation comment urging a $400,000 award for past pain and suffering is without merit, since the comment, assuming it was improper (cf., Torrado v. Lutheran Med. Ctr., 198 A.D.2d 346), was an isolated one that did not reflect the overall tenor of the summation (see, Schechtman v. Lappin, 161 A.D.2d 118, 121). The $125,355.30 award for past medical expenses is supported by evidence sufficient to permit a finding that the first 15 1/2 months of plaintiff's residency at the nursing home was attributable to the accident. The awards of $410,000 for past pain and suffering and of $100,000 for five years of future pain and suffering do not materially deviate from what is reasonable compensation under the circumstances (cf., Kornberg v. City of New York, 224 A.D.2d 339, lv denied 88 N.Y.2d 814; Osoria v. Marlo Equities, 255 A.D.2d 132).

Concur — Tom, J. P, Wallach, Lerner and Rubin, JJ.


Summaries of

Britell v. Sloan's Supermarket, Inc.

Appellate Division of the Supreme Court of New York, First Department
May 4, 1999
261 A.D.2d 130 (N.Y. App. Div. 1999)
Case details for

Britell v. Sloan's Supermarket, Inc.

Case Details

Full title:ANDREA C. BRITELL, Respondent, v. SLOAN'S SUPERMARKET, INC., et al.…

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

Date published: May 4, 1999

Citations

261 A.D.2d 130 (N.Y. App. Div. 1999)
687 N.Y.S.2d 258

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