From Casetext: Smarter Legal Research

Sanabia v. 718 West 178th Street, LLC

Appellate Division of the Supreme Court of New York, First Department
Mar 20, 2008
49 A.D.3d 426 (N.Y. App. Div. 2008)

Opinion

No. 2775.

March 20, 2008.

Order, Supreme Court, New York County (Marcy Friedman, J.), entered April 17, 2006, which denied the motion by defendants 718 West 178th Street and Metro Property Group to set aside as excessive the verdict awarding plaintiff damages for past and future pain and suffering in the respective principal amounts of $200,000 and $400,000, unanimously modified, on the facts, the award of damages for future pain and suffering vacated, a new trial directed thereon and otherwise affirmed, without costs, unless, within 30 days after service of a copy of this order, plaintiff stipulates to reduce the award for future pain and suffering to $300,000, and to entry of a judgment in accordance therewith.

Mauro Goldberg Lilling, LLP, Great Neck (Deborah F. Peters of counsel), for appellants.

Friedman Moses, LLP, Garden City (Lisa M. Comeau of counsel), for respondents.

Before: Andrias, J.P., Friedman, Sweeny and Moskowitz, JJ.


Although plaintiff complains of lifestyle limitations such as inability to play baseball with his grandchildren, ride a bicycle and dance with his wife as a result of herniated discs of the cervical spine at C-3-C-4 through C-6-C-7, with nerve root impingement and resulting back and neck pain, he was never hospitalized, and neither had nor was expected to have surgery. He returned to work on light duty after six months but found he could not endure a regular work routine, and took a disability retirement for reasons unconnected with this incident.

While plaintiff's injuries are permanent in nature, under these circumstances the $400,000 award for future pain and suffering over 20.9 years deviates materially from what is reasonable compensation to the extent indicated ( cf. Donlon v City of New York, 284 AD2d 13; Martinez v Manhattan Bronx Surface Tr. Operating Auth., 23 AD3d 302). The $200,000 award for past pain and suffering should not be disturbed.


Summaries of

Sanabia v. 718 West 178th Street, LLC

Appellate Division of the Supreme Court of New York, First Department
Mar 20, 2008
49 A.D.3d 426 (N.Y. App. Div. 2008)
Case details for

Sanabia v. 718 West 178th Street, LLC

Case Details

Full title:ROBERTO SANABIA et al., Respondents, v. 718 WEST 178th STREET, LLC, et…

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

Date published: Mar 20, 2008

Citations

49 A.D.3d 426 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2632
854 N.Y.S.2d 375

Citing Cases

Palmer v. Meneses

87 PPS, $263,111.33 FPS: plaintiff suffered a fracture and tear in the right knee and a herniated disc,…

Madia v. Garcia

Plaintiff's doctor also properly relied on those records in offering his opinions at trial, which were based…