Lopez v. City of N.Y.

6 Citing cases

  1. Morrison v. S. Union RD HC, LLC

    2024 N.Y. Slip Op. 1451 (N.Y. App. Div. 2024)

    We further conclude that "the award of future medical expenses is supported by the evidence inasmuch as plaintiff presented 'competent proof of necessary, anticipated medical costs' through [several] witnesses and her expert economist" (Barnhard, 89 A.D.3d at 1556; see McCullough v One Bryant Park, 189 A.D.3d 683, 684-685 [1st Dept 2020]; Tornatore, 162 A.D.3d at 1506). Moreover, "[a] jury award need not match the expert's assessment exactly, especially where[, as here,] the award was likely based on an age adjustment" (Lopez v City of New York, 192 A.D.3d 634, 640 [1st Dept 2021] [internal quotation marks omitted]; see Rivera v Montefiore Med. Ctr., 123 A.D.3d 424, 427 [1st Dept 2014], affd 28 N.Y.3d 999 [2016]).

  2. Sinera v. Embassy House Eat LLC

    223 A.D.3d 442 (N.Y. App. Div. 2024)

    The trial court providently exercised its discretion in setting aside the awards for past and future pain and suffering unless plaintiff stipulated to a reduction as indicated, and the reduced damages are reasonable for the injuries sustained by plaintiff (seeGarcia v. Spira, 273 A.D.2d 57, 709 N.Y.S.2d 53 [1st Dept. 2000] ; see alsoLantigua v. 700 W. 178th St. Assoc., LLC, 27 A.D.3d 266, 267, 811 N.Y.S.2d 364 [1st Dept. 2006] ; Cabezas v. City of New York, 303 A.D.2d 307, 308, 756 N.Y.S.2d 566 [1st Dept. 2003] ). The jury's award for future medical expenses was based on unreliable and speculative evidence, while the reduced award is supported with reasonable certainty by evidence in the record (seeRivera v. City of New York, 293 A.D.2d 383, 741 N.Y.S.2d 30 [1st Dept. 2002] ; Lopez v. City of New York, 192 A.D.3d 634, 641, 146 N.Y.S.3d 81 [1st Dept. 2021] ). We have considered plaintiff's remaining arguments and find them unavailing.

  3. Silo v. City of New York

    2022 N.Y. Slip Op. 6773 (N.Y. App. Div. 2022)

    Plaintiff, a former police officer, commenced this action against defendants claiming that he was terminated on the basis of a perceived predisposition to alcoholism, in violation of the State and City Human Rights Laws. Despite plaintiff's argument, the jury's verdict after trial in favor of defendants was not against the weight of the evidence (see Lolik v Big V Supermarkets, 86 N.Y.2d 744 [1995]; Lopez v City of New York, 192 A.D.3d 634, 637 [1st Dept 2021]). The evidence showed that plaintiff's termination was the result of his unprofessional behavior during an off-duty incident and his dishonesty, evasiveness, and failure to take accountability during subsequent interviews with two Department psychologists.

  4. Flores v. N.Y.C. Transit Auth.

    No. 2021-05288 (N.Y. App. Div. Oct. 5, 2021)

    The award for past and future suffering did not deviate materially from reasonable compensation (see Lopez v City of New York, 192 A.D.3d 634, 641 [1st Dept 2021]). The testimony of plaintiff and his treating doctors showed that he sustained a comminuted fracture of the end of the tibia, painful fractures of his great toe and second metatarsal, a tear in the labrum and in the gluteus medius muscle in his left hip, a tear in the glenoid labrum and in the supraspinatus and infraspinatus tendons of his left shoulder, and a SLAP tear.

  5. Flores v. N.Y.C. Transit Auth.

    198 A.D.3d 412 (N.Y. App. Div. 2021)

    Even if Supreme Court erred in precluding the testimony, the error was harmless and unlikely to have affected the verdict. The award for past and future suffering did not deviate materially from reasonable compensation (seeLopez v. City of New York, 192 A.D.3d 634, 641, 146 N.Y.S.3d 81 [1st Dept. 2021] ). The testimony of plaintiff and his treating doctors showed that he sustained a comminuted fracture of the end of the tibia, painful fractures of his great toe and second metatarsal, a tear in the labrum and in the gluteus medius muscle in his left hip, a tear in the glenoid labrum and in the supraspinatus and infraspinatus tendons of his left shoulder, and a SLAP tear.

  6. Flores v. N.Y.C. Transit Auth.

    2021 N.Y. Slip Op. 5288 (N.Y. Sup. Ct. 2021)

    Even if Supreme Court erred in precluding the testimony, the error was harmless and unlikely to have affected the verdict. The award for past and future suffering did not deviate materially from reasonable compensation (see Lopez v City of New York, 192 A.D.3d 634, 641 [1st Dept 2021]). The testimony of plaintiff and his treating doctors showed that he sustained a comminuted fracture of the end of the tibia, painful fractures of his great toe and second metatarsal, a tear in the labrum and in the gluteus medius muscle in his left hip, a tear in the glenoid labrum and in the supraspinatus and infraspinatus tendons of his left shoulder, and a SLAP tear.