MARTINEZ v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY


23 A.D.3d 302 (2005)

806 N.Y.S.2d 470

REY MARTINEZ, Respondent, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY et al., Appellants.

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

November 22, 2005.


Although plaintiff complains of lifestyle limitations as a result of a herniated disc at the L5-S1 level with nerve root impingement and resulting back pain, leg numbness and restriction in ranges of motion, he was never hospitalized and has not had and is not expected to have surgery, was able to return to his job as a cab driver and claims no lost earnings, and is able to manage his lower back and leg pain with over-the-counter Tylenol. In these circumstances, the $750...

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