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McDonald v. New York City Transit Auth.

Supreme Court of New York, First Department

May 21, 2013

Glenford McDonald, Plaintiff-Respondent,
v.
New York City Transit Authority, et al., Defendants-Appellants, Sanitary Plumbing & Heating Corp., et al., Defendants.

Armienti, DeBellis, Guglielmo & Rhoden, LLP, New York (Vanessa M. Corchia of counsel), for appellants.

Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for respondent.

Mazzarelli, J.P., Sweeny, Freedman, Gische, JJ.

Judgment, Supreme Court, New York County (Manuel J. Mendez, J.), entered May 26, 2011, after a jury trial, awarding plaintiff $100, 000 for past pain and suffering and $250, 000 for future pain and suffering over 29 years, unanimously affirmed, without costs.

The jury's finding that plaintiff sustained a significant limitation of use and permanent consequential limitation of use of a body function or system (see Insurance Law § 5102[d]) is not against the weight of the evidence (see Cohen v Hallmark Cards, 45 N.Y.2d 493, 499 [1978]; Nicastro v Park, 113 A.D.2d 129, 132-133 [2d Dept 1985]). The jury award is not excessive (see Sow v Arias, 21 A.D.3d 317 [1st Dept 2005), lv denied 5 N.Y.3d 716 [2005]; Rountree v Manhattan & Bronx Surface Tr. Operating Auth., 261 A.D.2d 324 [1st Dept 1999], lv denied 94 N.Y.2d 754 [1999]; Adams v Romero, 227 A.D.2d 292 [1st Dept 1996]). We have reviewed defendants' various challenges to the court's rulings during trial and find them unpreserved or unavailing.


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