Colao v. Brightwater Towers, Inc.
Cases that cite this one
1 later published case cites this decision.
- John v. Supermarket General Corp. (Appellate Division of the Supreme Court of New York 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— In a personal injury action, the third-party defendant appeals from an order of the Supreme Court, Kings County (Composto, J.), dated April 2, 1981, which, inter alia, granted plaintiff’s motion to set aside a jury verdict in his favor of $100,000 as inadequate and ordered a new trial on the question of damages, unless the third-party defendant agreed to pay $200,000. Order reversed, without costs or disbursements, motion to set aside verdict denied, and the verdict is reinstated. The record here discloses a rational basis for the jury’s verdict of $67,000 for the plaintiff’s loss of earnings due to the leg injury, which was the only injury he was found to have sustained. The award of $33,000 for pain and suffering was solely and properly within the province of the jury to make and should not be disturbed (see Juiditta v Bethlehem Steel Corp., 75 AD2d 126, 138; James v Shanley, 73 AD2d 752). Mangano, J. P., Gulotta, O’Connor and Bracken, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.