Fishbane v. Chelsea Hall, LLC, 2008-02910.
Decision Date | 15 September 2009 |
Docket Number | 2008-02910. |
Citation | 885 N.Y.S.2d 718,65 A.D.3d 1079,2009 NY Slip Op 06504 |
Parties | MYRON FISHBANE, Respondent, et al., Plaintiff, v. CHELSEA HALL, LLC, Defendant, and CHELSEA APARTMENTS, LLC, et al., Appellants. |
Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is reversed, on the facts and as an exercise of discretion, with costs, and the defendants Chelsea Apartments, LLC, and Apartment Management Associates, LLC, are granted a new trial with respect to damages for past and future pain and suffering unless within 30 days after service upon the plaintiff Myron Fishbane of a copy of this decision and order, that plaintiff shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting (1) to reduce the verdict as to damages for past pain and suffering from the sum of $500,000 to the sum of $350,000, and (2) to reduce the verdict as to damages for future pain and suffering from the sum of $300,000 to the sum of $200,000, and to the entry of an appropriate amended judgment accordingly; in the event that the plaintiff Myron Fishbane so stipulates, then the judgment, as so reduced and amended, is affirmed, without costs or disbursements.
The plaintiffs commenced this action to recover damages for a trimalleolar ankle fracture sustained by the plaintiff Myron Fishbane on December 10, 2004 when he allegedly slipped and fell on the steps of a building owned and managed by the defendants Chelsea Apartments, LLC, and Apartment Management Associates, LLC (hereinafter the defendants). In December 2006 the plaintiffs moved to strike the defendants' answer pursuant to CPLR 3126 for failure to comply with court-ordered disclosure, and, after oral argument, the...
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