Santiago v. New York City Housing Authority
Cases that cite this one
10 later published cases cite this decision.
- Simon v. Granite Bldg. 2, LLC (Appellate Division of the Supreme Court of New York 2019)
- Matter of State of New York v. David S. (Appellate Division of the Supreme Court of New York 2016)
- Lee v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2016)
- Branch v. SDC Discount Store, Inc. (Appellate Division of the Supreme Court of New York 2015)
- B.N. Zwirn Special Opportunities Fund, L.P. v. Brin Investment Corp. (Appellate Division of the Supreme Court of New York 2012)
- B.N. Zwirn Special Opportunities Fund, L.P. v. Brin Investment Corp. (Appellate Division of the Supreme Court of New York 2012)
- Wright v. Riverbay Corp. (Appellate Division of the Supreme Court of New York 2011)
- Green v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2004)
- Berroa v. Carney (Appellate Division of the Supreme Court of New York 2002)
- Torres v. WABC Towing Corp. (Appellate Division of the Supreme Court of New York 2001)
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
—Judgment, Supreme Court, Bronx County (George Friedman, J.), entered on or about October 9, 1998, upon a jury verdict, awarding plaintiff damages structured pursuant to CPLR article 50-B, unanimously modified, on the facts, to the extent of vacating the jury award of $400,000 for future pain and suffering and remanding the matter for a new trial solely upon the issue of plaintiffs damages for future pain and suffering, and otherwise affirmed, without costs, unless within 30 days of the date of this order plaintiff stipulates to reduce the jury award, prior to reduction for comparative negligence, for future pain and suffering, to $200,000 and to entry of an amended judgment in accordance therewith. Appeal from order, same court and Justice, entered on or about October 9, 1998, unanimously dismissed, without costs, as subsumed within the appeal from the ensuing judgment.
Defendant Housing Authority, having failed to move for a directed verdict upon the ground that plaintiffs proof did not
We also find no merit to defendant’s claim that it was prejudiced when the trial court charged Multiple Dwelling Law § 37. Although plaintiff failed to plead the statute specifically in her bill of particulars, her bill of particulars did allege, inter alla, that inadequate lighting constituted a proximate cause of her injuries, and a violation of the Administrative Code of the City of New York. The pertinent Administrative Code section (§ 27-2039 [b], [e]) places the burden upon the property owner to establish its lack of knowledge that common-area lighting was not functioning, and in this relevant respect does not differ from the statute charged (Multiple Dwelling Law § 37). Moreover, the charge as to Multiple Dwelling Law § 37 resulted in no new factual allegations or theories of liability (see, Orros v Yick Ming Yip Realty, 258 AD2d 387).
We agree with defendant, however, that the jury’s award of $400,000 for future pain and suffering for, inter alla, plaintiff’s posttraumatic arthritis in the thoracic area, materially deviated from what is reasonable compensation under the circumstances. In this regard, we note that plaintiff was never hospitalized for her accident, failed to produce any records of her alleged chiropractic care, and has been able to substantially maintain her basic daily activities since the day she was injured.
We have considered defendant’s remaining arguments and find them to be unavailing. Concur—Rosenberger, J. P"., Williams, Lerner, Saxe and Buckley, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.