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Zizo v. Sea Cliff Woodshop, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2001
279 A.D.2d 626 (N.Y. App. Div. 2001)

Opinion

January 31, 2001.

In an action to recover damages for personal injuries, the defendant Sea Cliff Woodshop, Inc., appeals from a judgment of the Supreme Court, Queens County (Gavrin, J.), entered November 16, 1999, which, upon a jury verdict awarding the plaintiff $500,000 for past pain and suffering, $550,000 for future pain and suffering, and $100,000 for vocational rehabilitation, is in favor of the plaintiff and against it.

Hodgson, Russ, Andrews, Woods Goodyear, LLP, Buffalo, N Y (Hugh M. Russ III and Dartaganan L. Jackson of counsel), for appellant.

Galasso Langione Goidell, New York, N.Y. (Carol R. Finocchio of counsel), for respondent.

Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

The jury verdict awarding damages is not against the weight of the evidence as it is based upon a fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 129). The damages awarded did not deviate materially from what would be reasonable compensation under the circumstances (see, CPLR 5501[c]; Harris v. New York City Health and Hosp. Corp., 272 A.D.2d 372; Tuitt v. Midwood Auto Rental Leasing Corp., 269 A.D.2d 525; Seidner v. Unger, 245 A.D.2d 362).

The appellant's remaining contention is without merit.


Summaries of

Zizo v. Sea Cliff Woodshop, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2001
279 A.D.2d 626 (N.Y. App. Div. 2001)
Case details for

Zizo v. Sea Cliff Woodshop, Inc.

Case Details

Full title:PHOEBE ZIZO, respondent, v. SEA CLIFF WOODSHOP, INC., appellant, et al.…

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

Date published: Jan 31, 2001

Citations

279 A.D.2d 626 (N.Y. App. Div. 2001)
719 N.Y.S.2d 889