Legal Opinion
Shurgan v. Tedesco
Appellate Division of the Supreme Court of the State of New York
Decided January 27, 1992PublishedCited by 20 opinions
1Opinion of the Court
*806The infant plaintiff sustained permanent facial scarring following an attack by the defendants’ dog, which was known to have vicious propensities. The uncontroverted evidence revealed that the plaintiff underwent two surgeries and would require two additional surgeries to attempt to repair his disfiguring facial scar.
The exercise of the discretion of a trial court over damage awards should be exercised sparingly (James v Shanley, 73 AD2d 752). However, under the circumstances of this case, we find that the trial court properly set aside the jury’s award of damages as inadequate since the…
2Cases cited4 opinions
- James v. ShanleyAppellate Division of the Supreme Court of the State of New York · 1979
- Byrd v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1991
- Christopher v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1990
- Giglio v. PignataroAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by20 opinions
- Consorti v. Armstrong World Industries, Inc.Court of Appeals for the Second Circuit · 1995
- Cochetti v. GralowAppellate Division of the Supreme Court of the State of New York · 1993
- Shea v. IcelandairDistrict Court, S.D. New York · 1996
- Lane v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
- Inya v. Ide Hyundai, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
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