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FEIN v. CARLI CAB CORP.

Appellate Term of the Supreme Court of New York, First Department
Apr 16, 2004
2004 N.Y. Slip Op. 50325 (N.Y. App. Term 2004)

Opinion

570877/03.

Decided April 16, 2004.

Defendants Carli Cab Corp. and Zaman Cheema appeal from a judgment of the Civil Court, New York County, entered October 7, 2002 after a jury trial (Alison Y. Tuitt, J.) apportioning liability 60% against defendants-appellants and 40% against defendant Magda Perez, and awarding plaintiff pre-apportionment damages of $75,000 and $25,000 for past and future pain and suffering, respectively.

Judgment entered October 7, 2002 (Alison Y. Tuitt, J. and jury) affirmed, with $25 costs.

PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. MARTIN SCHOENFELD, Justices.


The jury's finding that plaintiff sustained serious injury within the meaning of Insurance Law § 5102(d) was based on a fair interpretation of the evidence ( see, Rosenberg v. Majestic Limousine Corp., 298 AD2d 243), and is not disturbed. There was objective medical evidence to establish that plaintiff's wrist injury was of the requisite seriousness and permanence ( see, Toure v. Avis Rent A Car Sys., 98 NY2d 345), evidence which, significantly, was unrebutted by the defense, which offered no countervailing medical evidence.

The awards of $75,000 for past pain and suffering over an eight-and-one-half year period and $25,000 for future pain and suffering over a projected 37-year period do not deviate materially from reasonable compensation under the circumstances ( see, CPLR 5501[c]).

This constitutes the decision and order of the court.


Summaries of

FEIN v. CARLI CAB CORP.

Appellate Term of the Supreme Court of New York, First Department
Apr 16, 2004
2004 N.Y. Slip Op. 50325 (N.Y. App. Term 2004)
Case details for

FEIN v. CARLI CAB CORP.

Case Details

Full title:SUSAN FEIN, Plaintiff-Respondent, v. CARLI CAB CORP., ZAMAN CHEEMA…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Apr 16, 2004

Citations

2004 N.Y. Slip Op. 50325 (N.Y. App. Term 2004)

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