Jackson
v.
Gross

Appellate Term of the Supreme Court of New York, Second DepartmentMar 27, 2006
816 N.Y.S.2d 696 (N.Y. Misc. 2006)
816 N.Y.S.2d 6962006 N.Y. Slip Op. 50495

2005-218 K C.

Decided March 27, 2006.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Delores J. Thomas, J.), entered on June 28, 2004. The judgment, upon a jury verdict, awarded plaintiff Margaret J. Jackson the principal sum of $85,000.

Judgment affirmed without costs.

PRESENT: PESCE, P.J., WESTON PATTERSON and RIOS, JJ


At the outset, we note that defendants' appeal was timely taken. Since the notice of entry served by plaintiff indicated an erroneous date for the judgment's entry, the time to take the appeal never commenced to run ( see CPLR 5513 [a]; Nagin v. Long Is. Savings Bank, 94 AD2d 710).

Upon a review of the record, we are of the opinion that the evidence at trial supported the jury's finding that plaintiff Margaret J. Jackson suffered a serious injury in the automobile accident. The injured plaintiff established that she sustained a serious injury pursuant to Insurance Law § 5102 (d), namely a significant limitation of a body organ, function or system. Plaintiff's treating physician stated that when he first examined her two weeks after the accident she had a 30 to 40 percent reduction in movement, particularly her neck. He stated that there was a loss of strength in the shoulder muscle in the left side and in both hands, and there was also loss of sensation in the left arm. He sent her for an MRI which revealed a herniated disc at C6-C7. He saw her several more times and her condition had not significantly improved.

Moreover, the nature of plaintiff's injuries warranted the jury's award of $85,000 for past pain and suffering. Since the award did not deviate materially from what would be reasonable compensation ( see CPLR 5501 [c]), the judgment should be affirmed.