What's New...
What's New
January 2025 A Bronx man was injured in his apartment when the ceiling above his bed collapsed. The man brought a lawsuit against the building owner and management company in Supreme Court in Bronx County. The jury verdict was in favor of the plaintiff, awarding him $500,000 for past pain and suffering and $500,000 for future pain and suffering. This was meant to cover a ten-year span. Relying on CPLR ยง 4404 (New York Civil Procedure Law & Rules), which provides that "[a]fter a trial of a cause of action or issue triable of right by a jury, upon the motion of any party or on its own initiative, the court may set aside a verdict or any judgment entered thereon and direct that judgment be entered in favor of a party entitled to judgment as a matter of law or it may order a new trial of a cause of action or separable issue where the verdict is contrary to the weight of the evidence, in the interest of justice or where the jury cannot agree after being kept together for as long as is deemed reasonable by the court." As a result, the court revisited the element of damages, and citing CPLR 5501 [c], the court felt that $400,000 for past pain and suffering and $400,000 for future pain and suffering is reasonable compensation (reference - Sanabia v 718 W. 178th St., LLC, 49 AD3d 426 [1st Dept 2008]; Donlon, 284 AD2d 13). 2024 NY Slip Op 32682(U), Supreme Court, Bronx County, Docket Number: Index No. 22700/2018E