Hammer v. 1111 Ave. K, Inc.

2 Citing cases

  1. Murray v. Cnty. of Suffolk

    2025 N.Y. Slip Op. 1225 (N.Y. App. Div. 2025)

    Under the circumstances of this case, the jury's awards of damages for past and future pain and suffering were inadequate to the extent indicated herein (see CPLR 5501[c]; Cullen v Thumser, 178 A.D.3d at 897; see also Hammer v 1111 Ave. K, Inc., 115 A.D.3d 803, 803; Conley v City of New York, 40 A.D.3d 1024, 1026). However, contrary to the plaintiff's contentions, the award of damages for lost earnings was supported by a fair interpretation of the evidence and reasonable (see Gore v Cardany, 167 A.D.3d 851, 852-853; Nayberg v Nassau County, 149 A.D.3d 761, 762).

  2. Vincent v. Landi

    123 A.D.3d 1183 (N.Y. App. Div. 2014)   Cited 8 times

    Plaintiff and the surgeon both testified that the reason that plaintiff ceased his related medical treatment after December 2008 was not that he had fully recovered, but that no further medical treatment was available; no medical evidence was introduced to refute the expert medical opinion that plaintiff's condition was permanent and that he would continue to suffer some level of pain and restriction. The evidence so preponderated in plaintiffs' favor that this aspect of the verdict could not have been based upon “any fair interpretation of the evidence” (Lolik v. Big V Supermarkets, 86 N.Y.2d at 746, 631 N.Y.S.2d 122, 655 N.E.2d 163 [internal quotation marks and citation omitted]; see Hammer v. 1111 Ave. K, Inc., 115 A.D.3d 803, 804, 982 N.Y.S.2d 336 [2014] [$140,000 for future pain and suffering inadequate for dislocated trimalleolar fracture where the plaintiff experienced daily pain and was at risk of developing posttraumatic arthritis ]; Grinberg v. C & L Contr. Corp., 107 A.D.3d 491, 492, 967 N.Y.S.2d 58 [2013] [$35,000 was inadequate for a plaintiff who developed permanent arthritis following ankle and leg fractures ]; Ruiz v. New York City Tr. Auth., 44 A.D.3d at 332, 843 N.Y.S.2d 40 [$750,000 reduced to $200,000 for ankle injury that caused few limitations and occasional pain treated with over-the-counter medication]; Rivera v. Lincoln Ctr. for Performing Arts, Inc., 16 A.D.3d 274, 274–275, 792 N.Y.S.2d 39 [2005] [$40,000 was inadequate for posttraumatic arthritis following ankle injury ]; see also Simeon v. Urrey, 278 A.D.2d 624, 625, 717 N.Y.S.2d 690 [2000] [no award of future pain and suffering damages was inadequate where a plaintiff suffered progressive arthritis, permanent weakness and pain after strenuous exercise f