Legal Opinion

Ahumada v. Drogan

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

Decided July 13, 2017No. 4454 302342/07Published

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Fernando Tapia, J.), entered November 16, 2015, granting defendant’s motion pursuant to CPLR 4404 (a) to set aside the jury verdict awarding plaintiff $500,000 for past pain and suffering and $250,000 for future pain and suffering over 10 years as against the weight of the evidence and excessive and remanding for a new trial on damages, unanimously modified, on the facts and in the exercise of discretion, to so remand unless plaintiff stipulates, within 20 days of service of a copy of this order with notice of entry, to reduce the jury award for past…

2Cases cited4 opinions

  1. Schozer v. William Penn Life InsuranceNew York Court of Appeals · 1994
  2. Lopez v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 2007
  3. Smith v. VohrerAppellate Division of the Supreme Court of the State of New York · 2009
  4. Gaston v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009

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