Schmitt v. Werner Enterprises, Inc.
Cases that cite this one
8 later published cases cite this decision.
- Lewis v. Ganesh (New York Supreme Court, Bronx County 2024)
- Lewis v. Ganesh (New York Supreme Court, Bronx County 2024)
- Sence v. Atoynatan (Appellate Division of the Supreme Court of New York 2016)
- Sence v. Atoynatan (Appellate Division of the Supreme Court of New York 2016)
- Jannell Williams v. Werner Enterprises, Inc. (W. Va. 2015)
- Jannell Williams v. Werner Enterprises, Inc. (W. Va. 2015)
- HOLSTEIN, TINA M. v. COMMUNITY GENERAL HOSPITAL OF, GREATER SYRACUSE (Appellate Division of the Supreme Court of New York 2011)
- Holstein v. Community General Hospital of Greater Syracuse (Appellate Division of the Supreme Court of New York 2011)
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 unani
Supreme Court did not err in admitting evidence of plaintiff’s past psychological problems. That evidence was relevant on the issue of causation with respect to defendants’ theory that plaintiff’s psychological injuries preexisted the accident. Given the conflicting proof concerning the nature, extent and cause of plaintiff’s injuries (see, Harris v Moyer, 255 AD2d 890, 891), we cannot conclude that the jury’s award “deviates materially from what would be reasonable compensation” (CPLR 5501 [c]; see, Smith v Monro Muffler Brake [appeal No. 1], 275 AD2d 1030; Lopez v Kenmore-Tonawanda School Dist., 275 AD2d 874; Texido v Margarucci, 229 AD2d 944).
The court did not err in accepting the payment by defendant Patricia Kurowski of money into court and limiting her liability for interest pro rata. Pursuant to CPLR 2601 (a), “[a] party paying money into court pursuant to the direction of the court is discharged thereby from all further liability to the extent of the money so paid in.” The liability that is discharged pro rata in that instance includes liability for interest that otherwise would have accrued (see, Hiraldo v Khan, 262 AD2d 607; see also, Siegel, NY Prac § 425, at 691 [3d ed] [discussing analogous provision of CPLR 5021 (a) (3)]).
We have considered plaintiff’s remaining contention and conclude that it is without merit. (Appeal from Judgment of Supreme Court, Erie County, Mahoney, J. — Negligence.) Present — Pine, J. P., Wisner, Scudder and Kehoe, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.