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Klock v. Wegman's Food Market, Inc.

112 A.D.2d 732 Court N.Y. App. Div. Decision date 1985-07-12 English

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p. 732
James H. Klock, Plaintiff, and Alice Klock, Appellant, v Wegman’s Food Market, Inc., Respondent.

Order unanimously affirmed, without costs. Memorandum: In view of the conflicting evidence regarding the severity of plaintiff’s knee injury and the extent to which it was proximately caused by defendant’s negligence, the award of $5,000 is supported by the evidence and does not shock the conscience of the court (O’Connor v Roth, 104 AD2d 933 ). (Appeal from order of Supreme Court, Onondaga County, Miller, J. — negligence.) Present — Hancock, Jr., J. P., Doerr, Denman, O’Donnell and Pine, JJ.

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