CPLR 4404 – Pospis Law, PLLC

June 18, 2018 by mjpospis

Disability Discrimination Jury Verdict for Plaintiff Remains; No Undue Hardship Shown

In Reveyosos v. Town Sports Intl., LLC, 2018 NY Slip Op 04441 (App. Div. 1st Dept. June 14, 2018), a jury issued a verdict for plaintiff on her disability discrimination claim under the NYC Human Rights Law. The trial court granted defendant’s motion to set aside the jury verdict as against the weight of the evidence…

Court Upholds Jury Verdict for Plaintiff in Elevator Accident Case

In Brownrigg v. New York City Hous. Auth. (decided July 2, 2014) – a construction/elevator-accident case – the Appellate Division, Second Department denied defendants’ CPLR 4404 motion, and upheld the jury’s verdict that defendants were liable under New York Labor Law §§ 200 and 241(6). In this case, plaintiff and his coworker, both elevator mechanics, were repairing one…

Personal Injury Jury Award Too Low, Court Holds

In a recent personal injury case, Schecher v. R. Park Cent., LLC, New York Supreme Court Judge James held that the jury failed to adequately compensate plaintiff for her injuries. The trial record established that after the accident on August 5, 2007, plaintiff was transported to the emergency room of St. Vincent’s Hospital where she…