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Shurgan v. Tedesco

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

approving trial court's use of "deviates materially" test

Summary of this case from Delacruz v. Port Auth. of N.Y. & N.J.

Opinion

January 27, 1992

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


Ordered that the interlocutory judgment is affirmed, with costs.

The infant plaintiff sustained permanent facial scarring following an attack by the defendants' dog, which was known to have vicious propensities. The uncontroverted evidence revealed that the plaintiff underwent two surgeries and would require two additional surgeries to attempt to repair his disfiguring facial scar.

The exercise of the discretion of a trial court over damage awards should be exercised sparingly (James v. Shanley, 73 A.D.2d 752). However, under the circumstances of this case, we find that the trial court properly set aside the jury's award of damages as inadequate since the award materially deviated from what would be reasonable compensation (see, CPLR 5501 [c]; Christopher v Great Atl. Pac. Tea Co., 76 N.Y.2d 1003; Byrd v. New York City Tr. Auth., 172 A.D.2d 579; Giglio v. Pignataro, 54 A.D.2d 556). Thompson, J.P., Sullivan, Harwood and O'Brien, JJ., concur.


Summaries of

Shurgan v. Tedesco

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

approving trial court's use of "deviates materially" test

Summary of this case from Delacruz v. Port Auth. of N.Y. & N.J.

approving trial court's use of "deviates materially" test

Summary of this case from Allen v. Amzoski

In Shurgan v Tedesco, 179 AD2d 805 [2d Dept 1992], the court found that a jury award of $65,000 for injuries sustained by an infant from a dog bite that required multiple surgeries and caused permanent facial scarring was inadequate and should be increased to $150,000.

Summary of this case from Agness v. State
Case details for

Shurgan v. Tedesco

Case Details

Full title:NOAH SHURGAN, an Infant, by His Parent and Natural Guardian, KENNETH…

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)

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