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DRAVES v. CITY OF NEW YORK

234 A.D.2d 584 (1996)

652 N.Y.S.2d 536

Christopher Draves et al., Appellants, v. City of New York et al., Respondents

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

December 30, 1996

Ordered that the order is affirmed, with costs.

"It is well settled that the amount of damages to be awarded for personal injuries is primarily a question of fact for the jury" (Schare v Welsbach Elec. Corp., 138 A.D.2d 477). However, a new trial may be granted where the award "deviates materially from what would be reasonable compensation" (CPLR 5501 [c]). We agree with the Supreme Court that the jury's assessment of damages...

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