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HERNANDEZ v. MELRO CO.

229 A.D.2d 565 (1996)

646 N.Y.S.2d 44

Luis Hernandez et al., Respondents-Appellants, v. Melro Company et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents. Smart Girl Cutting, Inc., Third-Party Defendant-Respondent

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

July 29, 1996

Ordered that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

CPLR 5501 (c) provides that "the appellate division shall determine that an award is excessive or inadequate if it deviates materially from what would be reasonable compensation". The record reveals that the plaintiff Luis Hernandez fell into an open elevator shaft sustaining severe personal injuries, including a comminuted fracture of the upper portion...

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