Papa v. City of New York

• Decision Date: 01 June 1993
• Citation: 598 N.Y.S.2d 558,194 A.D.2d 527
• Parties: Gerard PAPA, et al., Respondents, v. The CITY OF NEW YORK, Appellants.
• Court: New York Supreme Court — Appellate Division

Page 558

598 N.Y.S.2d 558

194 A.D.2d 527

Gerard PAPA, et al., Respondents, v. The CITY OF NEW YORK, Appellants.

Supreme Court, Appellate Division Second Department.

June 1, 1993.

O. Peter Sherwood, Corp. Counsel, New York City (Leonard Koerner and Ronald E. Sternberg, of counsel), for appellants.

Schneider, Kleinick & Weitz, P.C., New York City (Burt Neuborne, Brian J. Shoot, and Gary S. Ehrlich, of counsel) for respondent Gerard Papa.

Keith de Vries, New York City, for respondent James Rampersant, Jr.

Before BRACKEN, J.P., and RITTER, COPERTINO and SANTUCCI, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for personal injuries resulting, inter alia, from assault and battery, negligence, false arrest, malicious prosecution, and civil rights violations, the defendants appeal from a judgment of the Supreme Court, Kings County (Held, J.), entered July 24, 1990, which, upon a jury verdict, is in favor of the plaintiffs and against them in the principal sum of $76,115,000, as reduced by the court to $6,163,250.36 (including, inter alia, $140,000 for the plaintiff Gerard Papa's past loss of earnings, $1,295,000 for Papa's future lost earnings, $100,000 for Papa's past pain and suffering, $925,000 for Papa's future pain and suffering, $40,000 for Papa's past emotional distress, $.06 for past injury to reputation, $.06 for future injury to reputation, $370,000 for Papa's future emotional distress, $500,000 for past shame and humiliation, $.06 for future shame and humiliation, $1,250,000 for Papa's punitive damages, $122,100 for Papa's attorneys' fees pursuant to 42 U.S.C. § 1988, and $10,000 for legal expenses; and representing, inter alia, $25,000 for the plaintiff James Rampersant, Jr.'s past and future pain and suffering, $40,000.06 for Rampersant's emotional distress, $25,000.06 for Rampersant's shame and humiliation, $25,000.06 for Rampersant's past and future injury to reputation, $1,250,000 for Rampersant's punitive damages, $36,150 for Rampersant's attorneys' fees pursuant to 42 U.S.C. § 1988, and $10,000 for legal expenses).

ORDERED that the judgment is modified, on the facts and as a matter of discretion: (1) by awarding the plaintiff Gerard Papa the principal sum of $4,072,600, representing $3,100,500 for future loss of earnings, $100,000 for past pain and suffering, $40,000 for past emotional distress, $500,000 for past shame and humiliation, $100,000 for past injury to reputation, $100,000 for future injury to reputation, $122,100 for attorneys' fees pursuant to 42 U.S.C. § 1988, and $10,000 for legal expenses, and adding thereto a provision vacating Papa's claim for past loss of earnings, and a further provision severing Papa's claim for damages for future pain and suffering, future emotional distress, future shame and humiliation, and punitive damages, and granting a new trial with respect thereto unless Papa shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation signed by him consenting to decrease the award of damages for future pain and suffering from the principal sum of $925,000 to the principal sum of $300,000, consenting to decrease the award of damages for future emotional distress from the principal sum of $370,000 to the principal sum of $100,000, and consenting to decrease the award of punitive damages from the principal sum of $1,250,000 to the principal sum of $500,000, and to the entry of an amended judgment accordingly, and (2) by reducing the principal sum awarded to the plaintiff James Rampersant, Jr., as compensatory damages to $136,150.18, representing damages for past and future pain and suffering, past and future emotional distress, past and future shame and humiliation, future damage to reputation, attorneys' fees pursuant to 42 U.S.C. § 1988, and legal expenses, and adding thereto a provision vacating Rampersant's claim for damages for past injury to reputation, and dismissing that claim, as well as a further provision severing Rampersant's cause of action for punitive damages and granting a new trial with respect thereto unless Rampersant shall serve and file in the Office of the Clerk of the Supreme Court, Kings County, a written stipulation signed by him consenting to decrease the award of punitive damages from the principal sum of $1,250,000 to the principal sum of $500,000, and to the entry of an amended judgment accordingly; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements; and it is further,

ORDERED that the plaintiff Gerard Papa's time to serve and file a stipulation is extended until 30 days after service upon him of a copy of this decision and order, with notice of entry; in the event that Gerard Papa so stipulates, then the judgment as to him, as so modified and amended, is affirmed insofar as appealed from, without costs or disbursements; and it is further,

ORDERED that the plaintiff James Rampersant, Jr.'s time to serve and file a stipulation is extended until 30 days after the service upon him of a copy of this decision and order, with notice of entry; in the event that the plaintiff James Rampersant, Jr., so stipulates, then the judgment as to him, as so modified and amended, is affirmed insofar as appealed from, without costs or disbursements.

The evidence adduced at trial established that at approximately 11:40 P.M. on the night of March 12, 1986, the plaintiff Gerard Papa, a 32-year old white man, and the plaintiff James Rampersant, Jr., a 24-year old black man, were driving in Papa's two-toned Lincoln Town Car in the area of Stillwell and Surf Avenues in Coney Island, when they were blockaded by five undercover police officers traveling in two unmarked cars. The police thereafter fired several shots into the plaintiffs' vehicle, and then dragged the two men out and beat them. Following this, the plaintiffs were arrested and charged with attempted murder in the first degree, for colliding with the two police vehicles in their attempts to escape, as well as with several lesser felonies. It was four and one-half hours before Papa, who was bleeding from the head, was given any medical attention; and it was approximately 22 hours before the two plaintiffs were fed. During most of their stay at the 60th Precinct, the plaintiffs were kept handcuffed to a pipe. Almost two days after their arrest, the plaintiffs were finally arraigned and then released on their own recognizance. More than three months elapsed before all charges were dismissed upon the District Attorney's motion. During this time the arrest of the plaintiffs for attempted murder received considerable publicity. The trial evidence established that Papa was a brilliant young attorney, who had specialized in taxation as an associate with a Wall Street law firm. Papa had further distinguished himself by founding The Flames, a local parish basketball team, to which he had been devoting himself full-time at the time of the beating. He had created the team by drawing upon young Italian-American men from Bensonhurst as well as black and Hispanic youths from the nearby Marlboro housing projects. Although initially beset by difficulties, "The Flames" ultimately began to win championships, and expanded to include, inter alia, a community softball league. Following the beatings, from which Papa suffered, among other injuries, two herniated discs and brain damage, The Flames underwent an eclipse--allegedly because Papa could no longer function as he had done in the past, and because the adverse publicity attending Papa's arrest for attempted murder in the first degree led to decreased participation and reduced funding.

There is no merit to the defendants' suggestion on appeal that the Trial Justice, who asked an occasional question to clarify the testimony and expedite the proceedings, in any way prejudiced the defense thereby (see, People v. Yut Wai Tom, 53 N.Y.2d 44, 56-57, 439 N.Y.S.2d 896, 422 N.E.2d 556; Pallotta v. West Bend Co., 166 A.D.2d 637, 561 N.Y.S.2d 66; Jordan v. Parrinello, 144 A.D.2d 540, 534 N.Y.S.2d 686; LaMotta v. City of New York, 130 A.D.2d 627, 515 N.Y.S.2d 554; Accardi v. City of New York, 121 A.D.2d 489, 503 N.Y.S.2d 818; People v. Manor, 116 A.D.2d 921, 498 N.Y.S.2d 223; Gallo v. Supermarkets Gen. Corp., 112 A.D.2d 345, 348, 491 N.Y.S.2d 796). We note that only two of the Trial Justice's inquiries complained of on appeal were timely objected to by defense counsel. Even assuming that these two preserved intrusions constituted error, they could not possibly warrant reversal and a new trial in view of the fact that this was far from a "close or doubtful case" (London v. Smith-Cairns Motor Sales Co., 23 A.D.2d 657, 257 N.Y.S.2d 877, affd 17 N.Y.2d 497, 267 N.Y.S.2d 216, 214 N.E.2d 378).

Although the Trial Justice improvidently exercised his discretion in admitting into evidence a videotape compiled from four news broadcasts depicting Papa as he was before the beating, we conclude that any error must be considered harmless in view of the court's limiting remarks, and in view of the fact that the evidence was essentially cumulative of the rather extensive testimony by numerous witnesses regarding Papa's "pre-morbid" personality (see, Rubin v. Aaron, 191 A.D.2d 547, 594 N.Y.S.2d 797; People v. Carter, 132 A.D.2d 561, 517 N.Y.S.2d 287; Mayes v. County of Nassau, 31 A.D.2d 638, 295 N.Y.S.2d 989). In any event, we note that the defendants never challenged Papa's contention that he had been bright, cheerful, and self-confident before the...