From Casetext: Smarter Legal Research

Cecere v. 3950 Blackstone Associates

Appellate Division of the Supreme Court of New York, First Department
Apr 15, 1997
238 A.D.2d 200 (N.Y. App. Div. 1997)

Opinion

April 15, 1997


Order, Supreme Court, New York County (Paula Omansky, J.), entered on or about April 7, 1996, which granted plaintiff's motion to set aside the jury's verdict of $57,000 insofar as it awarded $6,500 for past pain and suffering and $11,000 for future pain and suffering, and directed a new trial on damages unless defendant stipulated to increases for past and future pain and suffering to $125,000 and $50,000, respectively, unanimously affirmed, without costs.

We agree with the trial court that the awards for past and future pain and suffering in favor of plaintiff, 22 years old when the index finger on her dominant right hand was caught in a door and severed just below the first knuckle, could not have been reached on any fair interpretation of the evidence ( see, Lolik v. Big V Supermarkets, 86 N.Y.2d 744), and that the awards therefor should be increased as indicated ( see, Nicastro v Park, 113 A.D.2d 129, 136-137; cf., Fields v. City Univ., 216 A.D.2d 87).

Concur — Rosenberger, J.P., Ellerin, Nardelli and Tom, JJ.


Summaries of

Cecere v. 3950 Blackstone Associates

Appellate Division of the Supreme Court of New York, First Department
Apr 15, 1997
238 A.D.2d 200 (N.Y. App. Div. 1997)
Case details for

Cecere v. 3950 Blackstone Associates

Case Details

Full title:CHRISTA CECERE, Respondent, v. 3950 BLACKSTONE ASSOCIATES et al.…

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

Date published: Apr 15, 1997

Citations

238 A.D.2d 200 (N.Y. App. Div. 1997)
656 N.Y.S.2d 242

Citing Cases

Bradshaw v. 845 U.N. Ltd. Partnership

to defendants' contention, the trial evidence, showing that plaintiff was injured when a co-worker helping…

Anderson v. Greater New York Housing Development Fund Co.

The record also supports the imposition of liability under Labor Law § 200 and common-law negligence, since…