Legal Opinion

Falcaro v. Kessman

Appellate Division of the Supreme Court of the State of New York

Decided May 8, 1995PublishedCited by 7 opinions

1Opinion of the Court

In an action to recover damages for assault, the defendant appeals from a judgment of the Supreme Court, Putnam County (Dickinson, J.H.O.), entered September 21, 1993, which, after a nonjury trial, awarded the plaintiff compensatory damages in the sum of $75,000 and punitive damages in the sum of $50,000.

Ordered that the judgment is affirmed, with costs.

Contrary to the defendant’s contention, the plaintiff’s testimony, considered together with his medical records, sufficiently established both causation and the permanency of the plaintiff’s injuries (see, Shaw v Tague, 257 NY 193, 195;…

2Cases cited5 opinions

  1. Laurie Marie M. v. Jeffrey T. M.Appellate Division of the Supreme Court of the State of New York · 1990
  2. Laurie Marie M. v. Jeffrey T. M.New York Court of Appeals · 1991
  3. O'Donnell v. K-Mart Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  4. Shaw v. TagueNew York Court of Appeals · 1931
  5. Alvarez v. Mendik Realty Plaza, Inc.Appellate Division of the Supreme Court of the State of New York · 1991

3Cited by7 opinions

  1. Hughes v. WebbAppellate Division of the Supreme Court of the State of New York · 2007
  2. Buggie v. CutlerAppellate Division of the Supreme Court of the State of New York · 1995
  3. Hotaling v. CarterAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matthews v. GarrettAppellate Division of the Supreme Court of the State of New York · 2003
  5. Herrera v. BraunsteinAppellate Terms of the Supreme Court of New York · 2006

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