Konfidan v. FF Taxi, Inc.
Cases that cite this one
9 later published cases cite this decision.
- Gontarek v. New York City Tr. Auth. (Appellate Division of the Supreme Court of New York 2021)
- Gontarek v. New York City Tr. Auth. (Appellate Division of the Supreme Court of New York 2021)
- Hurt JR. v. The City of New York (District Court, S.D. New York 2019)
- Jones v. New York Presbyt. Hosp. (Appellate Division of the Supreme Court of New York 2018)
- Thompson v. Toscano (Appellate Division of the Supreme Court of New York 2018)
- Morales v. Manhattan & Bronx Surface Transit Operating Authority (Appellate Division of the Supreme Court of New York 2013)
- Morales v. Manhattan & Bronx Surface Transit Operating Authority (Appellate Division of the Supreme Court of New York 2013)
- Once v. Service Center (Appellate Division of the Supreme Court of New York 2012)
- Once v. Service Center (Appellate Division of the Supreme Court of New York 2012)
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
Plaintiff sustained injuries in a motor vehicle accident, which included two labral tears in his right shoulder, which required surgery, and months of physical therapy, both before and after the surgery. At the time of trial, the 33-year-old plaintiff suffered from pain on a daily basis, which varied in degree, and still needed treatment for his shoulder. Under the circumstances presented, we find that trial court appropriately found that the jury’s award of $400,000 for future pain and suffering was excessive and that the amount of $250,000 constituted reasonable compensation for the injuries sustained (see e.g. DeSimone v Royal GM, Inc., 49 AD3d 490 [2008], lv dismissed in part and denied in part 11 NY3d 862 [2008]; Elescano v Eighth-19th Co., LLC, 17 AD3d 250 [2005]).
However, we modify to the extent indicated because the only party required to stipulate to the reduced award was plaintiff, as the nonmovant (see O’Connor v Papertsian, 309 NY 465, 471 [1956]). Concur — Tom, J.P., Andrias, DeGrasse, Richter and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.