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Depradine v. New York City Hlt. Hosp. Corp.

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1998
255 A.D.2d 288 (N.Y. App. Div. 1998)

Opinion

November 2, 1998

Appeal from the Supreme Court, Kings County (Bellard, J.).


Ordered that the judgment is affirmed, with costs.

Contrary to the defendant's contention, the plaintiffs adduced sufficient evidence from which the jury could rationally conclude that the infant plaintiff's injuries were proximately caused by the negligence of the defendant (see, Devito v. Opatich, 215 A.D.2d 714; Chazon v. Parkway Med. Group, 168 A.D.2d 660). Moreover, upon our review of the record, we find that the verdict in favor of the plaintiff was not against the weight of the credible evidence (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493; Nicastro v. Park, 113 A.D.2d 129).

The damages awarded for past and future pain and suffering, as reduced by the Supreme Court and stipulated to by the plaintiff, do not deviate materially from what would be reasonable compensation (see, CPLR 5501 [c]; Bermeo v. Atakent, 241 A.D.2d 235).

Contrary to the defendant's contention, the court properly structured the judgment pursuant to CPLR 5031 (e) (see, Bryant v. New York City Health Hosps. Corp., 250 A.D.2d 797; Rohring v. City of Niagara Falls, 192 A.D.2d 228, affd 84 N.Y.2d 60).

The defendant's remaining contentions are without merit.

Bracken, J. P., Santucci, Krausman and Florio, JJ., concur.


Summaries of

Depradine v. New York City Hlt. Hosp. Corp.

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1998
255 A.D.2d 288 (N.Y. App. Div. 1998)
Case details for

Depradine v. New York City Hlt. Hosp. Corp.

Case Details

Full title:KURT DEPRADINE et al., Respondents, v. NEW YORK CITY HEALTH HOSPITALS…

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

Date published: Nov 2, 1998

Citations

255 A.D.2d 288 (N.Y. App. Div. 1998)
679 N.Y.S.2d 321

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