CPLR 4404(a)

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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…

Read More Proposed New York Legislation Would Restrict Judicial Review of Employment Discrimination Damage Awards
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In Tese-Milner v. ATCO Properties & Management, Inc., No. 113902/2007, 2020 WL 6591380 (N.Y. Sup Ct, New York County Nov. 10, 2020), a sex discrimination case, the court, inter alia, upheld a jury verdict of $700,000 in emotional distress/pain and suffering damages. In rendering its decision, the court outlined the evidence relating to the merits,…

Read More Court Upholds $700k Emotional Distress Damages Jury Verdict in Sex Discrimination Case
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In Santana et al v. G.E.M. Medical Management (NY Sup. Ct. Bx. Cty 0305261/2008 Oct. 20, 2017), the court (inter alia) denied defendant’s motion, under CPLR 4404(a), to set aside a jury verdict in favor of plaintiffs on their claims of gender/pregnancy discrimination. The court noted that “[t]he jury’s determination is supported by evidence presented…

Read More Court Upholds Plaintiff Jury Verdict in Gender/Pregnancy Discrimination Case
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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…

Read More $100k Award for Child’s Ankle Fracture Deviated Materially From Reasonable Compensation; New Trial Ordered Unless Defendant Agrees to Pay $300k
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In Shenkelbakh v. Riera (N.Y. Sup. Ct. Qns. Cty Aug. 17, 2015), a personal injury bicycle accident case, plaintiff bicyclist sued after being hit by defendant driver. The jury returned a verdict in defendant’s favor, and absolved defendant of liability. The court granted plaintiff’s CPLR 4404(a) motion to set aside the jury verdict. Here are the undisputed facts,…

Read More Injured Bicyclist Wins New Trial on Liability
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In Delva v. New York City Tr. Auth., the Appellate Division, Second Department explained the “emergency doctrine” in the context of a pedestrian knockdown case. A jury found in favor of plaintiff, and defendants moved to set aside the verdict pursuant to CPLR 4404(a). The trial court denied defendants’ motion, and the appellate court affirmed. Specifically,…

Read More Trial Court Properly Declined to Charge Jury with the “Emergency Doctrine” in Bus Accident/Pedestrian Knockdown Personal Injury Case
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In Pelletier v. Lahm, decided November 20, 2013, the Appellate Division, Second Department upheld the trial court’s decision to instruct the jury as to the “emergency doctrine” and the resulting jury verdict for defendant Brittany Lahm in connection with a fatal car crash. Specifically, it affirmed the trial court’s denial of plaintiff’s motion, pursuant to CPLR…

Read More Emergency Doctrine Properly Applied to Exonerate Driver Brittany Lahm in “Bikini Top” Fatal Car Accident Case
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