AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

MARY COLON, Respondent, v. NEW YORK EYE SURGERY ASSOCIATES, P.C., Appellant.

Giving plaintiff every favorable inference that can reasonably be drawn from the facts ( Sagorsky v Malyon, 307 NY 584), we conclude that the jury's finding was supported by sufficient evidence and was not against the weight of that evidence. The testimonial and photographic evidence demonstrated that the height differential between the concrete sidewalk and the adjacent grassy verge constituted a dangerous condition that was not obvious to a pedestrian, and that the differential at its greatest point was not trivial ( see Trincere v County of Suffolk, 90 NY2d 976). The jury could have reasonably found, based on the photographs taken days after the accident and the testimony of defendant's facility manager, that the entire property was inspected daily, giving defendant constructive notice of the defect.

The court properly permitted plaintiffs expert to testify, based on medical records in evidence and his examination of plaintiff, that she had "some components" of reflex sympathetic dystrophy that were "more likely than not" causally related to the incident.

The reduced awards for past and future pain and suffering did not grossly deviate from what would be considered reasonable compensation (CPLR 5501 [c]).

Use AI to get other relevant cases.

Comments

COLON v. NEW YORK EYE SURGERY ASSOC., P.C
(Oct 28, 2010)