COLAO v. BRIGHTWATER TOWERS, INC.


88 A.D.2d 580 (1982)

Joseph Colao, Respondent, v. Brightwater Towers, Inc., Defendant and Third-Party Plaintiff-Respondent. Munro Water Proofing, Inc., Third-Party Defendant-Appellant. (And a Fourth-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 3, 1982


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...

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