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COOK v. CASTILLO LIVERY CORP.

55 A.D.3d 392 (2008)

865 N.Y.S.2d 217

WANDA COOK, Respondent, v. CASTILLO LIVERY CORP. et al., Respondents, and WALTER LAVEGLIA, Appellant.

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

October 16, 2008.

A fair interpretation of the evidence supports the jury's finding that plaintiff sustained a permanent consequential limitation of use of her right knee (Insurance Law § 5102 [d]; see McDermott v Coffee Beanery, Ltd., 9 A.D.3d 195, 206 [2004]). The damages awarded do not deviate materially from what would be reasonable compensation (CPLR 5501 [c]; cf. Schultz v Turner Constr. Co...

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