Gainey v. City of New York

Judgment, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered October 7, 1999, which, upon a jury verdict, awarded plaintiff, inter alia, $300,000 for past pain and suffering and $300,000 for future pain and suffering structured pursuant to CPLR article 50-B, unanimously affirmed, without costs.

Although defendant City contends that plaintiff failed to make out a prima facie case that it caused and/or created the defect that allegedly resulted in plaintiff’s trip and fall, the testimony of plaintiff’s expert, viewed in the light most favorable to plaintiff (see, McCummings v New…