Nawrocki v Huron St. Dev. LLC
2018 NY Slip Op 03904 [161 AD3d 697]
May 31, 2018
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 27, 2018


[*1]
 Remigiusz Nawrocki, Appellant,
v
Huron Street Development LLC et al., Respondents. (And a Third-Party Action.)

Melcer Newman PLLC, New York (Jeffrey B. Melcer of counsel), for appellant.

Order, Supreme Court, Bronx County (Ruben Franco, J.), entered January 14, 2016, which, after an inquest, inter alia, awarded plaintiff $25,000 for past pain and suffering and $25,000 for future pain and suffering, unanimously modified, on the facts, to increase the awards to $250,000 for past pain and suffering, and $250,000 for future pain and suffering, and otherwise affirmed, without costs.

Plaintiff, a 28-year-old plumber, fell from a ladder while working, and sustained two fractures in his jaw and an impacted tooth, requiring internal fixation surgery and plastic surgery. He could not eat without using a straw for eight weeks, then not without pain for six to eight months, and was left with scarring. Under these circumstances, the amounts awarded for plaintiff's injuries deviate materially from what is reasonable compensation, and we modify to the extent indicated (CPLR 5501 [c]; see e.g. Garber v Lynn, 79 AD3d 401 [1st Dept 2010]; Atkinson v Buch, 17 AD3d 222 [1st Dept 2005]). Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Gesmer, Oing, JJ.