BENEDETTO v. FEDDER


248 A.D.2d 657 (1998)

670 N.Y.S.2d 325

Margaret L. Benedetto et al., Appellants, v. Robert Fedder et al., Respondents

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

March 30, 1998


Ordered that the judgment is affirmed insofar as appealed from, with costs.

Given the proof presented at trial, there is no reason to disturb the jury's finding that, as a result of Margaret L. Benedetto's neck injury, she sustained a significant limitation of the use of a body function rather than the permanent loss or limitation of the use of a body function. The amount of damages to be awarded for personal injuries is primarily a question of fact for the jury ...

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