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Araujo v. State

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 28, 2009

CARLOS ARAUJO, CLAIM #97238 CLAIMANT-APPELLANT,
v.
THE STATE OF NEW YORK, DEFENDANT-RESPONDENT.

Judgment of the Court of Claims of the State of New York (Terry Jane Ruderman, J.), entered December 12, 2007, after a non-jury trial, awarding claimant the principal sum of $65,000 for past pain and suffering, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Friedman, Moskowitz, Freedman, Richter, JJ.

The court's determination that the worsening condition of claimant's knee after his 1997 accident was caused not by the accident but by a degenerative condition that had its nascency in a surgery pre-dating the accident by more than nine years was a result of the resolution of credibility issues presented by conflicting expert testimony, and there is no basis to disturb that determination (see Watts v State of New York, 25 AD3d 324 [2006]). Accordingly, the determination to make no award for future pain and suffering will not be disturbed (see Mejia v JMM Audubon, 1 AD3d 261 [2003]).

The award of $65,000 for past pain and suffering does not deviate materially from what would be reasonable compensation under the circumstances presented (CPLR 5501[c]; see e.g. Lopez v Consolidated Edison Co. of N.Y., Inc., 40 AD3d 221 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090428

© 1992-2009 VersusLaw Inc.



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