Kahl v. MHZ Operating Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Mercure, J. P.
Appeal from an order of the Supreme Court (Czajka, J.), entered March 3, 1999 in Ulster County, which granted defendant’s motion to set aside the verdict as to damages.
In April 1995, plaintiff John F. Kahl (hereinafter plaintiff), who was then 73 years old, fell while playing ping pong on defendant’s premises and fractured his hip. Following the trial of the action, the jury found that defendant was negligent, that its negligence was a proximate cause of plaintiffs injuries and that there was no comparative negligence on plaintiffs part; it awarded plaintiff damages of $250,000…
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