Legal Opinion

Donlon v. City of New York

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

Decided June 28, 2001PublishedCited by 59 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

This is an appeal from a money judgment based upon a jury verdict awarding plaintiff damages for past and future pain and suffering. The defendant contends that the award is excessive. This requires our review pursuant to CPLR 5501 (c). The issue is whether the award is excessive in that it deviates materially from what would be reasonable compensation. For the reasons set forth below we find that the award for future pain and suffering is excessive in that it deviates materially from what would be reasonable compensation and should be reduced by 20% to $400,000.

CPLR 5501…

3Cases cited30 opinions

  1. Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
  2. Campbell v. City of ElmiraNew York Court of Appeals · 1994
  3. Cohn v. Borchard AffiliationsNew York Court of Appeals · 1969
  4. Kirschhoffer v. Van DykeAppellate Division of the Supreme Court of the State of New York · 1991
  5. Harvey v. Mazal American PartnersNew York Court of Appeals · 1992

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4Cited by59 opinions

  1. OKRAYAENTS v. Metropolitan Transportation AuthorityDistrict Court, S.D. New York · 2008
  2. Rivera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  3. Reed v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  4. Turuseta v. Wyassup-Laurel Glen Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Kayes v. LiberatiAppellate Division of the Supreme Court of the State of New York · 2013

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