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ELAINE RIVERA, Appellant, v. LINCOLN CENTER FOR THE PERFORMING ARTS, INC., Respondent.

The trial court's remittitur is excessive to the extent indicated (CPLR 5501 [c]). Plaintiff sustained an ankle injury that did not satisfactorily respond to, inter alia, months of physical therapy, molded splints or AFOs, arthroscopic surgery, months of postoperative physical therapy, and steroid injections. As a result, at the age of 25, plaintiff has already developed post-traumatic arthritis in her ankle that her treating physician testified, without contradiction, is permanent and will progressively worsen, causing increasing pain and lessening tolerance for walking and other activities. To alleviate these symptoms, plaintiff will require physical therapy and steroid injections, will likely require major surgery to reconstruct her anterior talofibular ligament, and might also require further surgery to excise scarring from a meniscus lesion. That plaintiff is gainfully employed and presently able to walk without assistance does not negate the ongoing and permanent nature of her injury.

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RIVERA v. LINCOLN CENTER FOR THE PERFORMING
(Mar 24, 2005)