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Aquino v. City of New York

193 A.D.2d 474 Court N.Y. App. Div. Decision date 1993-05-18 English

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p. 474
Joseph Aquino, Respondent, et al., Plaintiff, v City of New York, Appellant, et al., Defendant.
[598 NYS2d 709]

Judgment, Supreme Court, Bronx County (Barry Salman, J.), entered on or about July 2, 1991, which, after a jury trial,

p. 475
awarded plaintiff Joseph Aquino a total of $4,468,128.80, unanimously affirmed, without costs.

Quite apart from whether the claim of negligent firefighting was improperly considered and/or decided, there was sufficient evidence to support the separate jury interrogatory finding of liability under General Municipal Law § 205-a, where defendant was in control of the subject building (see, Andreaccio v Unique Parking Corp., 158 AD2d 222 ). The award for pain and suffering did not depart materially from what would be reasonable compensation (see, Christopher v Great Atl. & Pac. Tea Co., 76 NY2d 1003 ).

We have considered the remaining arguments, and find them to be without merit. Concur—Murphy, P. J., Sullivan, Rosenberger, Ross and Asch, JJ.

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