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ORELLANO v. 29 EAST 37TH STREET REALTY CORP.

4 A.D.3d 247 (2004)

772 N.Y.S.2d 659

GUILLERMO ORELLANO, Appellant, v. 29 EAST 37TH STREET REALTY CORP. et al., Respondents and Third-Party Plaintiffs. SCALA CONSTRUCTION CORP., Third-Party Defendant-Respondent.

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

February 24, 2004.

We agree with the trial court that the awards for past and future pain and suffering were excessive. In our view, however, for a comminuted fracture of the tibia and fibula that required several surgical procedures during a two-month hospital stay and extensive physical therapy thereafter, and resulted in a partial permanent disability to a 47-year-old man, the sum of $375,000 for each of past and future pain and suffering is a more appropriate award (see Brownell v City...

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