CPLR 5501(c) – Pospis Law, PLLC

May 4, 2023 by mjpospis

Proposed New York Legislation Would Restrict Judicial Review of Employment Discrimination Damage Awards

Recently-proposed New York State legislation (A2865/S17) would make it more difficult for defendants to overturn employment discrimination damage awards. In sum, the law “[p]rovides that the court shall not reduce jury awards as excessive in employment discrimination actions unless the court finds that the proponent has proven by clear and convincing evidence that the verdict…

Cross-Examination of Personal Injury Plaintiff Regarding Employment and Doctor Referrals Properly Limited

In Sehgal v. www.nyairportsbus.com, Inc., 2017 NY Slip Op 05990 (App. Div. 2d Dept. Aug. 2, 2017) – a hit-in-the-rear car accident personal injury case – the court held that the trial court properly precluded the defendants from asking the injured plaintiff questions about his employment by the law firm representing him in the action and his…

$100k Award for Child’s Ankle Fracture Deviated Materially From Reasonable Compensation; New Trial Ordered Unless Defendant Agrees to Pay $300k

In Sawh v. Bally Contracting Corp., No. 16789/10, 2017 WL 902330 (N.Y. App. Div. 2d Dept. Mar. 8, 2017), the court granted plaintiff’s motion under CPLR 4404(a) to set aside a $100,000 jury verdict on the issue of damages for past pain and suffering, which in the court’s view were too low. From the Decision…