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Seebeck v. Finetta

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 1992
179 A.D.2d 805 (N.Y. App. Div. 1992)

Summary

affirming trial court's additur where court set aside jury award as materially deviating from what would be reasonable compensation

Summary of this case from Consorti v. Armstrong World Industries, Inc.

Opinion

January 27, 1992

Appeal from the Supreme Court, Nassau County (Morrison, J.).


Ordered that the judgment is affirmed, with costs.

The plaintiff Roseanne Seebeck and the defendant, coemployees, were both acting in the course of their mutual employment when the defendant's automobile struck Roseanne (see, Matter of Husted v. Seneca Steel Serv., 41 N.Y.2d 140; Kunze v. Jones, 6 A.D.2d 888, affd 8 N.Y.2d 1152; Smithline v. Ghessi, 25 A.D.2d 841; Pantolo v. Lane, 185 Misc. 221). Summary judgment was properly granted in favor of the defendant since workers' compensation is the exclusive remedy available to the injured plaintiff (see, Workers' Compensation Law § 29). Mangano, P.J., Bracken, Lawrence and Rosenblatt, JJ., concur.


Summaries of

Seebeck v. Finetta

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 1992
179 A.D.2d 805 (N.Y. App. Div. 1992)

affirming trial court's additur where court set aside jury award as materially deviating from what would be reasonable compensation

Summary of this case from Consorti v. Armstrong World Industries, Inc.

approving trial court's application of "materially deviates" standard

Summary of this case from Gasperini v. Center for Humanities, Inc.
Case details for

Seebeck v. Finetta

Case Details

Full title:ROSEANNE SEEBECK et al., Appellants, v. WILLIAM FINETTA, Respondent. (And…

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

Date published: Jan 27, 1992

Citations

179 A.D.2d 805 (N.Y. App. Div. 1992)
578 N.Y.S.2d 658

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