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IRAKLY BIEJANOV, Respondent, et al., Plaintiff, v. JENO DAVID GUTTMAN et al., Appellants, et al., Defendant.

Ordered that the order is affirmed, with costs.

On July 20, 2002 the four-year old plaintiff, Irakly Biejanov, sustained injuries when a defective window in the building owned by defendant 8645 Realty, LLC, fell on his left hand. There was expert testimony that he fractured his thumb and his left index finger and suffered permanent nerve damage to the ulnar nerve. Shortly after the accident, he underwent surgery. Subsequent to the surgery, he could not fully straighten his left index finger and he lost partial feeling in his third finger.

To the extent that the defendant Jeno David Guttman advances contentions regarding the order, we note that the verdict was not rendered against him.

Under the facts of this case, the award of damages for past and future pain and suffering, as reduced, if stipulated to, did not deviate materially from what would be reasonable compensation ( see CPLR 5501 [c]; compare Arevalo v New York City Tr. Auth., 15 AD3d 512; Charles v Day, 289 AD2d 190; Sachse v Metro P.T., 286 AD2d 682; Ubiles v Rosenzweig Lbr. Corp., 225 AD2d 468; Louis v St. Victor, 202 AD2d 479).

The remaining contention that the verdict on the issue of damages should be set aside because the Supreme Court erroneously admitted certain testimony is without merit.

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BIEJANOV v. GUTTMAN
(Nov 28, 2006)