Cruz v. City of New York

Full title: NELSON DE LA CRUZ, Respondent, v. CITY OF NEW YORK et al., Appellants

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

Date published: Jul 10, 1990

163 A.D.2d 163 (N.Y. App. Div. 1990)

553 N.Y.S.2d 724

Opinion

July 10, 1990

Appeal from the Supreme Court, Bronx County (David Levy, J.).

As a result of two unprovoked beatings by on-duty police officers, plaintiff sustained a broken rib, abrasions and a herniated disc necessitating surgery and several hospitalizations. Several years after the incident, plaintiff continued to suffer discomfort and back pain. Plaintiff, the proprietor of a small grocery store, was unable to maintain the business due to his incapacity and filed for bankruptcy protection. Under these circumstances, the assessment of damages awarded to plaintiff is not excessive and should not be disturbed. (See, e.g., Graham v. Murphy, 135 A.D.2d 326, 330 [3d Dept 1988].)

Concur — Kupferman, J.P., Ellerin, Wallach and Smith, JJ.