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MATOS v. HIRALDO

Index No. 151150/17. Appeal No. 16577. Case No. 2022-00290.

210 A.D.3d 409 (2022)

175 N.Y.S.3d 728

2022 NY Slip Op 06085

Raul Matos, Respondent-Appellant, v. Stephen Hiraldo, Appellant-Respondent.

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

Decided November 1, 2022.

Attorney(s) appearing for the Case

McCallion & Associates, LLP, New York ( Kenneth F. McCallion of counsel), for appellant-respondent.

Richard J. Katz, LLP, New York ( Richard J. Katz of counsel), for respondent-appellant.

Concur—Gische, J.P., Gesmer, Oing, Kennedy, Scarpulla, JJ.

Judgment, Supreme Court, New York County (Frank P. Nervo, J.), entered October 25, 2021, insofar as appealed from as limited by the briefs, upon a jury verdict in favor of plaintiff on the cause of action for battery, apportioning the fault of each party at 50%, and returning an itemized damages verdict for pain and suffering, unanimously affirmed, without costs.

Although the court took judicial notice and advised the jury

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