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SIENICKI v. 760 WEST END AVENUE OWNERS, INC.

23 A.D.3d 271 (2005)

803 N.Y.S.2d 567

ANDRZEJ SIENICKI et al., Appellants-Respondents, v. 760 WEST END AVENUE OWNERS, INC., Defendant, and RESTORE-IT, INC., Respondent-Appellant. (And a Third-Party Action.) 760 WEST END AVENUE OWNERS, INC., Second Third-Party Plaintiff, v. PHOENIX BUILDING RESTORER, INC., Second Third-Party Defendant-Respondent.

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

November 17, 2005.

The injured plaintiff fractured his ankle, tore some ligaments, underwent two operations, and faces the prospect of a third operation. As of the time of trial three years after the accident, he still suffered pain, walked with a limp, and had to use a cane. Formerly a construction worker who played soccer and beach volleyball in his spare time, he now stays home most of the time because he has to soak his leg in cold water and elevate it. Under the circumstances, the jury...

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