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KAUFMAN v. HODINKA

Appellate Division of the Supreme Court of New York, First Department.
Jun 22, 1989

Defendants argue, in part, and plaintiff concedes that loss of enjoyment of life may not be considered as a category of damages separate from pain and suffering (Nussbaum v. Gibstein, 73 N.Y.2d 912; McDougald v. Garber, 73 N.Y.2d 246). Since the jury herein awarded plaintiff the sum of $250,000 for pain and suffering, he was not entitled to receive an additional $50,000 as separate damages for loss of enjoyment of life. We have reviewed defendants' other contentions and find them to be without merit.

Concur — Ross, J.P., Carro, Milonas, Wallach and Rubin, JJ.