Opinion
2012-02-14
Precious SCARBOROUGH, appellant, v. FEDERATED DEPARTMENT STORES, INC., etc., et al., respondents.
Trolman, Glaser & Lichtman, P.C., New York, N.Y. (Michael T. Altman and David B. Corley of counsel), for appellant. Lester Schwab Katz & Dwyer, LLP, New York, N.Y. (Steven B. Prystowsky of counsel), for respondent Federated Department Stores, Inc.
Trolman, Glaser & Lichtman, P.C., New York, N.Y. (Michael T. Altman and David B. Corley of counsel), for appellant. Lester Schwab Katz & Dwyer, LLP, New York, N.Y. (Steven B. Prystowsky of counsel), for respondent Federated Department Stores, Inc.
Babchik & Young LLP, White Plains, N.Y. (Bruce M. Young and Marisa C. Wooldridge of counsel), for respondent Mainco Elevator & Electrical Corp.
In an action to recover damages for personal injuries, the plaintiff appeals from so much of a judgment of the Supreme Court, Suffolk County (Pitts, J.), entered December 17, 2010, as, upon, inter alia, a jury verdict on the issue of damages finding that she sustained no damages for future pain and suffering and future medical expenses, failed to award her any damages for future pain and suffering and future medical expenses.
ORDERED that the judgment is affirmed insofar as appealed from, with one bill of costs.
Contrary to the plaintiff's contention, the jury verdict on the issue of damages finding that she sustained no damages for future pain and suffering and future medical expenses was based on a fair interpretation of the evidence and, thus, was not contrary to the weight of the evidence ( see Lolik v. Big V Supermarkets, 86 N.Y.2d 744, 631 N.Y.S.2d 122, 655 N.E.2d 163; Querin v. Scotti, 89 A.D.3d 713, 932 N.Y.S.2d 99; DeVito v. Oi Ying Ho, 25 A.D.3d 750, 752, 807 N.Y.S.2d 659; Nicastro v. Park, 113 A.D.2d 129, 134, 495 N.Y.S.2d 184).