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MURTAGH v. CITY OF NEW YORK

160 A.D.2d 248 (1990)

Thomas Murtagh et al., Respondents, v. City of New York et al., Respondents Mars Associates, Inc. and Normel Construction Corp., a Joint Venture, Third-Party Plaintiff-Respondent, v. Metal Window Service, Inc., Third-Party Defendant-Appellant

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

April 5, 1990

In light of the severity of plaintiff's injuries, his persistent disability and economic loss, the jury's verdict was not so excessive as to shock the conscience of the court (Ostrowski v Apex Mar. Corp., 123 A.D.2d 257; Reinhart v Long Is. Light. Co., 100 A.D.2d 755). However, as plaintiff concedes, the verdict must be reduced, since the jury awarded damages for loss of enjoyment of life...

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