Shurgan v. Tedesco

Noah Shurgan, an Infant, by His Parent and Natural Guardian, Kenneth Shurgan v. Joseph Tedesco

Shurgan v. Tedesco, 179 A.D.2d 805 (1992)

Court: Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided: January 27, 1992
Citations: 179 A.D.2d 805

Cited by 23 3 descriptions by later courts

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

*806 The infant plaintiff sustained permanent facial scarring following an attack by the defendants’ dog, which was known to have vicious propensities. The uncontroverted evidence revealed that the plaintiff underwent two surgeries and would require two additional surgeries to attempt to repair his disfiguring facial scar.

The exercise of the discretion of a trial court over damage awards should be exercised sparingly (James v Shanley, 73 AD2d 752 ). However, under the circumstances of this case, we find that the trial court properly set aside the jury’s award of damages as inadequate since the award materially deviated from what would be reasonable compensation (see, CPLR 5501 [c]; Christopher v Great Atl. & Pac. Tea Co., 76 NY2d 1003 ; Byrd v New York City Tr. Auth., 172 AD2d 579 ; Giglio v Pignataro, 54 AD2d 556 ). Thompson, J. P., Sullivan, Harwood and O’Brien, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

(affirming trial court's additur where court set aside jury award as materially deviating from what would be reasonable compensation)

Consorti v. Armstrong World Indus., 72 F.3d 1003 (2d Cir. 1995)
(approving trial court's use of "deviates materially" test)

Allen v. Amzoski, 2004 NY Slip Op 50071(U) (N.Y. Sup. Ct., Bronx Cty. 2004)

Cited by 23 cases

View all citing references →

Relies on it most ⓘ

Prunty v. YMCA of Lockport, Inc.206 A.D.2d 911 (1994)
Consorti v. Armstrong World Industries, Inc.72 F.3d 1003 (2d Cir. 1995)
Cochetti v. Gralow192 A.D.2d 974 (1993)
Lane v. Smith84 A.D.3d 746 (2011)
Shea v. Icelandair925 F. Supp. 1014 (S.D.N.Y. 1996)
Wendell v. Supermarkets General Corp.189 A.D.2d 1063 (1993)

Most recent

Mejia v. Japan Socy., Inc.2025 NY Slip Op 50119(U) (N.Y. Sup. Ct., Bronx Cty. 2025)
Lane v. Smith84 A.D.3d 746 (2011)
Groell v. Groell61 A.D.3d 1357 (2009)
Allstate Insurance Co. v. Dandan18 Misc. 3d 451 (N.Y. Sup. Ct. 2007)
Medina v. Chile Communications, Inc.15 Misc. 3d 525 (N.Y. Sup. Ct. 2006)
Crawford v. New York City Housing Authority33 A.D.3d 956 (2006)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

Depth	Case	Cited by
	James v. Shanley, 73 A.D.2d 752 (1979)	19
	Christopher v. Great Atl. & Pac. Tea Co., 565 N.E.2d 1266 (N.Y. 1990)	17
	Byrd v. N.Y. City Transit Auth., 172 A.D.2d 579 (1991)	15
	Giglio v. Pignataro, 54 A.D.2d 556 (1976)	1

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