Hastings v. Jonathan Cass, Inc.

Decision Date27 March 1995
Citation623 N.Y.S.2d 928,213 A.D.2d 595
PartiesJovita HASTINGS, Appellant-Respondent, v. JONATHAN CASS, INC., et al., Respondents-Appellants.
CourtNew York Supreme Court — Appellate Division

Dansker & Aspromonte Associates, New York City (Paul Dansker and Jonathan Heller, of counsel), for appellant-respondent.

Rivkin, Radler & Kremer, Uniondale (Evan H. Krinick and Merril Shapiro Biscone, of counsel), for respondents-appellants.

Before BRACKEN, J.P., and ROSENBLATT, O'BRIEN and ALTMAN, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for personal injuries, the plaintiff appeals, on the ground of inadequacy, and the defendants cross-appeal, on the ground of excessiveness, from so much of a judgment of the Supreme Court, Kings County (I. Aronin, J.), entered September 10, 1992, as, upon a jury verdict awarding the plaintiff $700,000 for future pain and suffering, and upon granting the defendants' motion to set aside the verdict as to damages for future pain and suffering reducing that award to $225,000, is in favor of the plaintiff and against the defendants in the principal sum of $225,000 for future pain and suffering.

ORDERED that the judgment is reversed insofar as appealed from, on the facts and as an exercise of discretion, without costs or disbursements, and a new trial is granted on the issue of damages for future pain and suffering only, unless within 20 days after service upon the defendants of a copy of this decision and order, with notice of entry, the defendants shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to increase the verdict as to damages for future pain and suffering from the sum of $225,000 to $350,000, and to the entry of an amended judgment in the principal sum of $350,000 for damages for future pain and suffering. In the event that the defendants so stipulate, then the judgment as so increased and amended, is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The plaintiff, who was 67-years-old at the time of the accident, sustained various physical injuries as a result of being struck by the defendants' van as she was crossing the street. The evidence adduced at trial reveals that as a result of these injuries, the plaintiff still suffers episodic pain and relies increasingly upon others to perform chores that she could previously do unassisted. We agree, however, with the Trial Court...

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  • Tri-State Aluminum Products, Inc. v. Paramount Macaroni Mfg. Co., Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • February 23, 1998
    ...a new trial on the issue of damages unless the plaintiffs stipulated to reduce the verdict (see, CPLR 4404[a]; Hastings v. Jonathan Cass, Inc., 213 A.D.2d 595, 623 N.Y.S.2d 928; Anderson v. Stephen M. Donis, 150 A.D.2d 414, 541 N.Y.S.2d MILLER, J.P., and RITTER, PIZZUTO and ALTMAN, JJ., con......

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