Gursky v. New York City Transit Authority

Full title: RUTH GURSKY, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant

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

Date published: Jun 19, 1990

162 A.D.2d 256 (N.Y. App. Div. 1990)

556 N.Y.S.2d 869

Opinion

June 19, 1990

Appeal from the Supreme Court, New York County (Edward H. Lehner, J.).

While the court should have instructed the jury to itemize each element of damages awarded in compliance with CPLR 4111 (f), defendant failed to preserve the issue for appellate review by failing to object at trial. The court properly instructed the jury that it could award damages for loss of enjoyment of life as a part of damages for pain and suffering. Contrary to defendant's arguments, the damages awarded did not deviate materially from what would be fair and reasonable compensation within the meaning of CPLR 5501 (c).

Concur — Murphy, P.J., Carro, Milonas and Ellerin, JJ.