Castellano v. City of New York
| Decision Date | 18 May 1992 |
| Citation | 183 A.D.2d 800,584 N.Y.S.2d 114 |
| Parties | John CASTELLANO, Respondent, v. The CITY OF NEW YORK, Appellant. |
| Court | New York Supreme Court — Appellate Division |
O. Peter Sherwood, Corp. Counsel, New York City (Stephen J. McGrath and Margaret G. King, of counsel), for appellant.
Dominick F. Callo, P.C., New York City, for respondent.
Before BRACKEN, J.P., and SULLIVAN, EIBER and PIZZUTO, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Queens County (Nahman, J.), dated March 14, 1990, which, upon a jury verdict finding it 80% at fault in the happening of the accident, and upon a jury verdict, modified by stipulation dated February 21, 1990, finding that the plaintiff had suffered damages in the amount of $1,040,000 ($500,000 for pain and suffering, $525,000 for loss of future earning capacity, and $15,000 for future medical expenses), is in favor of the plaintiff and against it in the principal sum of $832,000.
ORDERED that the judgment is modified, on the facts and as an exercise of discretion, by reducing the sum awarded to the plaintiff to the principal sum of $432,000, representing the defendant's proportionate share of the damages for loss of earnings and future medical expenses, and adding thereto a provision severing the plaintiff's claim for damages for pain and suffering and granting a new trial with respect thereto unless the plaintiff serves and files in the Office of the Clerk of the Supreme Court, Queens County, a written stipulation signed by him consenting to decrease the verdict as to damages for pain and suffering from $500,000 to $200,000, and to the entry of an amended judgment accordingly awarding the plaintiff the principal sum of $592,000; as so modified, the judgment is affirmed, without costs or disbursements, and the plaintiff's time to serve and file the stipulation is extended until 20 days after service upon him of a copy of this decision and order, with notice of entry; in the event the plaintiff so stipulates, then the judgment in his favor, as so reduced and amended, is affirmed, without costs or disbursements.
The plaintiff, a police officer, sustained an injury to his knee when he fell on a patch of ice on a sidewalk leading from the precinct to the police parking lot. He was diagnosed as suffering from chondromalacia patellae, a roughening of the back of the kneecap, and had two arthroscopic surgical procedures performed on his knee. His treating physician, Dr. Robert Garroway, opined that the plaintiff would require future surgery, in addition to a possible...
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Goldstein v. U.S.
..."materially deviates" test and reduced the award of $525,000 for total pain and suffering to $262,500); Castellano v. City of New York, 183 A.D.2d 800, 584 N.Y.S.2d 114 (2d Dep't 1992) (plaintiff slipped on an icy sidewalk, resulting in an injury to his knee which required two arthroscopic ......
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Mazyck v. Long Island R. Co.(LIRR), 88-CV-1855 (JS).
...case was excessive, although noting different standards of review under federal and state law). In Castellano v. City of New York, 183 A.D.2d 800, 584 N.Y.S.2d 114 (2d Dep't), leave to appeal denied and dismissed, 80 N.Y.2d 1021, 592 N.Y.S.2d 667, 607 N.E.2d 814 (1992), the plaintiff slippe......
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Cochran v. A/H BATTERY ASSOCIATES, 92 Civ. 5116.
...and ongoing pain, great diminishment of lifestyle, and constant fear of future wheelchair confinement); Castellano v. City of New York, 183 A.D.2d 800, 584 N.Y.S.2d 114 (2d Dept.1992) (police officer who suffered knee injury diagnosed as chondromalacia patellae, had two arthroscopic surgica......
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Rozmarin v. Sookhoo
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