Legal Opinion

Rodriguez v. City of New York

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

Decided November 17, 2009PublishedCited by 22 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of Supreme Court, Kings County (Solomon, J), dated November 19, 2007, which denied their motion pursuant to CPLR 4404 (a) to set aside, in the interest of justice and as inadequate, a jury verdict on the issue of damages awarding the plaintiff Rafael Rodriguez the sums of only $74,000 for past lost earnings and $26,000 for past pain and suffering, and for a new trial on the issue of damages.

Ordered that the order is reversed, on the law, on the facts, and in the exercise of discretion, with one…

2Cases cited21 opinions

  1. Brooks v. Judlau Contracting, Inc.New York Court of Appeals · 2008
  2. Lucian v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2008
  3. Habenicht v. R. K. O. Theatres, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
  4. Gomez v. Park Donuts, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  5. DeCrescenzo v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by22 opinions

  1. Smith v. RudolphAppellate Division of the Supreme Court of the State of New York · 2017
  2. Allen v. UhAppellate Division of the Supreme Court of the State of New York · 2011
  3. Morency Ex Rel. Morency v. Horizon Transportation Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  4. Bhim v. PlatzAppellate Division of the Supreme Court of the State of New York · 2022
  5. Fortune v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2022

17 more not listed; retrieve them via the Exa API.

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