Legal Opinion
Charles v. Day
Appellate Division of the Supreme Court of the State of New York
Decided December 3, 2001No. Ordered that the amended judgment is reversed on the law, with costs, and a new trial is granted on the issue of damages only, unless within 30 days after service upon Nicole Charles, as guardian for the plaintiff, of a copy of this decision and order, with notice of entry, Nicole Charles, as guardian for the plaintiff, shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to reduce the verdict as to (1) damages for past pain and suffering from the sum of $100,000 to the sum of $50,000, and (2) future pain and suffering from the sum of $500,000 to the sum of $250,000, and to the entry of an amended judgment accordingly; in the event that Nicole Charles, as guardian for the plaintiff, so stipulates, then the amended judgment, as so reduced and further amended, is affirmed, without costs or disbursementsPublishedCited by 11 opinions
1Opinion of the Court
In an action to recover damages for medical malpractice, the defendant Phillipe Day appeals from an amended judgment of the Supreme Court, Kings County (Spodek, J.), entered March 23, 2000, which, upon a jury verdict awarding the plaintiff $600,000 ($100,000 for past pain and suffering, and $500,000 for future pain and suffering), is in favor of the plaintiff and against him.
Ordered that the amended judgment is reversed on the law, with costs, and a new trial is granted on the issue of damages only, unless within 30 days after service upon Nicole Charles, as guardian for the plaintiff, of a…
2Cases cited2 opinions
- Reid v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1995
- Velez v. Empire Medical GroupAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by11 opinions
- Miller v. WeiselAppellate Division of the Supreme Court of the State of New York · 2005
- Biejanov v. GuttmanAppellate Division of the Supreme Court of the State of New York · 2006
- Skelly-Hand v. LizardiAppellate Division of the Supreme Court of the State of New York · 2013
- Delgado v. MurrayAppellate Division of the Supreme Court of the State of New York · 2014
- Sankar v. Jamaica Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2009
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