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MONACO v. POLE TECH CORP.

Appellate Term of the Supreme Court of New York, Second Department
Feb 27, 2006
2006 N.Y. Slip Op. 50301 (N.Y. App. Term 2006)

Opinion

2005-843 KC.

Decided February 27, 2006.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), entered December 7, 2004, and from an order of the same court, entered December 23, 2004. The order denied defendants' motion to set aside the verdict as excessive. The judgment, entered upon a jury trial, awarded plaintiff the principal sum of $300,000.

Judgment and order affirmed without costs.

PRESENT: WESTON PATTERSON, J.P., GOLIA and BELEN, JJ.


Upon a review of the record, we are of the opinion that plaintiff established that she sustained a serious injury. The nature of plaintiff's injuries warranted the jury's award of $100,000 for past pain and suffering and $200,000 for future pain and suffering. Since the award did not deviate materially from what would be reasonable compensation ( see CPLR 5501[c]; Komforti v. New York City Tr. Auth., 292 AD2d 569; see also Schmidt v. Bartolotta, 17 AD3d 162), the judgment as well as the order, which denied defendants' motion to set aside the jury verdict, should be affirmed.

Weston Patterson, J.P., Golia and Belen, JJ., concur.


Summaries of

MONACO v. POLE TECH CORP.

Appellate Term of the Supreme Court of New York, Second Department
Feb 27, 2006
2006 N.Y. Slip Op. 50301 (N.Y. App. Term 2006)
Case details for

MONACO v. POLE TECH CORP.

Case Details

Full title:MAUREEN A. MONACO, Respondent, v. POLE TECH CORP. and SCOTT H. DAVIS…

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

Date published: Feb 27, 2006

Citations

2006 N.Y. Slip Op. 50301 (N.Y. App. Term 2006)
815 N.Y.S.2d 495