McLAUGHLIN v. CITY OF NEW YORK


294 A.D.2d 136 (2002)

741 N.Y.S.2d 523

JOHN McLAUGHLIN et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided May 7, 2002.


Defendants now argue that the trial court improperly allowed the jury to make separate awards for past and future pain and suffering and for violation of plaintiff injured party's federal civil rights (42 USC § 1983). Not only does the record fail to support defendants' contention that they have preserved this argument for appellate review, but it affirmatively shows that the trial court had the consent of the defense to the charge on this point, and charged in accord...

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