Chisholm v. Madison Square Garden Center, Inc.
Opinion of the Court
Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered May 1, 2001, which granted plaintiff’s motion to set aside the awards for past and future pain and suffering to the extent of directing a new trial on damages unless defendants stipulated to increase the award for past pain and suffering from $25,000 to $250,000 and for future pain and suffering from $0 to $150,000, unanimously affirmed, without costs.
The awards for past and future pain and suffering were properly set aside upon a record showing that plaintiff suffered a comminuted fracture of the right elbow when he was 15 years old, which required two surgical procedures under general anesthesia over a four-year period, and involves continuing
Case-law data current through December 31, 2025. Source: CourtListener bulk data.