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AMARILIS GARCIA, ET AL., PLAINTIFFS-RESPONDENTS, v. GITTY SPIRA, DEFENDANT, AND ESROG REALTY LTD., DEFENDANT-APPELLANT.

The awards are excessive to the extent indicated, where the injured plaintiff, who sustained a fracture to her nondominant wrist in a fall on a defective sidewalk, is able to perform most of her usual preaccident activities and feels pain only when the weather is bad (cf., Remeneski v. McDonald, 237 A.D.2d 204;Kotopoulos v. Nathan Hale Gardens, 235 A.D.2d 276; Almada v. Long Is. Lighting Co., 246 A.D.2d 563), and plaintiff spouse presented only some evidence of changes in his life caused by his wife's diminished ability to perform household chores.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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GARCIA v. SPIRA
(Jun 8, 2000)