KRAFTON v. MAZZARESE


255 A.D.2d 826 (1998)

680 N.Y.S.2d 295

Daniel Krafton, Appellant, v. David F. Mazzarese, Respondent

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

November 19, 1998


Peters, J.

Plaintiff commenced this action seeking recovery for damages he sustained after defendant twice assaulted him, inflicting a laceration and fracture to his skull. After defendant defaulted by failing to answer, Supreme Court held an inquest on the issue of damages and awarded plaintiff $1,569 for his medical expenses. Plaintiff appeals.

Plaintiff argues that the amount awarded was against the weight of the evidence in that it included...

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