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TUSHAJ v. ELM MANAGEMENT ASSOCIATES, INC.

11 A.D.3d 259 (2004)

782 N.Y.S.2d 706

PJETER TUSHAJ et al., Appellants, v. ELM MANAGEMENT ASSOCIATES, INC., Respondent. (And a Third-Party Action.)

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

October 12, 2004.

We reject plaintiff's claim that the jury's award was so low as to indicate that the verdict was an impermissible compromise. Plaintiff sustained a fractured hip when he fell off a makeshift scaffold that gave way because of a defective board (293 A.D.2d 44, 45 [2002]). While plaintiff told defendant about the defective boards he was using as scaffolds, and defendant had full authority to replace the boards (id.,) it also appears...

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