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OSORIA v. MARLO EQUITIES, INC.

255 A.D.2d 132 (1998)

679 N.Y.S.2d 612

Escolastico Osoria et al., Respondents, v. Marlo Equities, Inc., Appellant

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

November 10, 1998

We agree with the trial court that the jury awards for past and future damages were against the weight of the evidence (see, Lolik v Big V Supermarkets, 86 N.Y.2d 744), and find that the amounts the trial court would have the parties stipulate to do not deviate materially from what is reasonable compensation (CPLR 5501 [c]). Concerning past pain and suffering, it is undisputed that as a result of the fall, the 61-year-old...

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