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DENNIS ATKINSON, Appellant, v. SANFORD BUCH, Respondent.

Plaintiff sustained a broken jaw while undergoing a tooth extraction performed by defendant oral surgeon, whereupon defendant immediately wired plaintiff's mouth shut. Plaintiff was under local anesthesia during the extraction, and therefore did not experience pain at the moment his jaw was fractured, or while his mouth was being wired, but thereafter, over the eight weeks that his mouth was wired, did experience varying degrees of pain and loss of enjoyment of life, could eat only through a straw, and did not go to work. Under the circumstances, the $10,000 award for past pain and suffering deviates materially from what is reasonable compensation (CPLR 5501 [c]; cf. Casey v. City of Albany, 63 AD2d 798, appeal dismissed 45 NY2d 838), and we accordingly modify as above indicated.

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ATKINSON v. BUCH
(Apr 19, 2005)