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Pelzer v. Synan

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1999
260 A.D.2d 621 (N.Y. App. Div. 1999)

Opinion

April 26, 1999

Appeal from the Supreme Court, Richmond County (Mastro, J.),


Ordered that the judgment is modified, on the facts and as a matter of discretion, by deleting the provisions thereof awarding the plaintiff the sum of $75,000 for past pain and suffering and $87,000 for future pain and suffering, and substituting therefore provisions severing the plaintiff's causes of action to recover damages for past and future pain and suffering, and granting a new trial with respect thereto; as so modified, the judgment is affirmed, with costs to the appellants, unless within 20 days after service upon her of a copy of this decision and order with notice of entry the plaintiff shall serve and file in the office of the Clerk of the Supreme Court, Richmond County, a written stipulation consenting to reduce the verdicts as to (1) damages for past pain and suffering from the sum of $75,000 to the sum of $45,000, and (2) damages for future pain and suffering from the sum of $87,000 to the sum of $70,000, and to the entry of an appropriate amended judgment in her favor; in the event that the plaintiff so stipulates, then the judgment, as so reduced and amended, is affirmed, without costs or disbursements.

The damages awarded to the plaintiff for past and future pain and suffering were excessive to the extent indicated herein because they deviate materially from what would be reasonable compensation under the circumstances of this case. We find no merit to the defendants' remaining contentions.

Mangano, P. J., H. Miller, Feuerstein, Schmidt and Smith, JJ., concur.


Summaries of

Pelzer v. Synan

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1999
260 A.D.2d 621 (N.Y. App. Div. 1999)
Case details for

Pelzer v. Synan

Case Details

Full title:BRENDA L. PELZER, Respondent, v. ANGELA M. SYNAN et al., Appellants

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

Date published: Apr 26, 1999

Citations

260 A.D.2d 621 (N.Y. App. Div. 1999)
688 N.Y.S.2d 696

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