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CHISHOLM v. MADISON SQUARE GARDEN CENTER, INC.

289 A.D.2d 168 (2001)

735 N.Y.S.2d 380

PETER CHISHOLM, an Infant, by ENID BAGALIO, His Natural Mother, et al., Respondents, v. MADISON SQUARE GARDEN CENTER, INC., et al., Appellants.

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

Decided December 27, 2001.

The awards for past and future pain and suffering were properly set aside upon a record showing that plaintiff suffered a comminuted fracture of the right elbow when he was 15 years old, which required two surgical procedures under general anesthesia over a four-year period, and involves continuing limitation of motion and a likelihood of, inter alia, arthritis in the elbow at a relatively young age (cf., Roshwalb v Regency...

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