MOSHIRI v. BATISTA


54 A.D.3d 738 (2008)

863 N.Y.S.2d 728

MARZIEH MOSHIRI, Appellant, v. ALEJANDRO BATISTA et al., Respondents.

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

September 9, 2008.


Ordered that the judgment is affirmed, with costs.

On appeal, the plaintiff claims that her award of damages was inadequate. She argues that it was inconsistent for the jury to accept her claims under the so-called "90/180 day rule," and yet reject her claims that she sustained a "significant limitation of use of a body function or system" and a "permanent consequential limitation of use of a body organ or member," and that such inconsistency warrants a new trial...

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