Tesoro v. Rozza
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Bárbaro, J.), entered August 26, 1998, which, upon a jury verdict, is in favor of the plaintiff and against her in the principal sum of $125,000.
Ordered that the judgment is affirmed, with costs.
Contrary to the defendant’s contention, the plaintiff adduced sufficient evidence from which the jury could rationally conclude that he had sustained an injury which resulted in a “permanent consequential limitation of use of a body organ or member” (Insurance Law § 5102…
2Cases cited3 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Barry v. ManglassNew York Court of Appeals · 1981
- Barone v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by3 opinions
- Califano v. Automotive Rentals, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Ferrante v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2003
- McAdams v. EspositoAppellate Division of the Supreme Court of the State of New York · 2006