Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001
2013
2026
Top citers, strongest first. 8 distinct citers.
How cited ↗
examined
Cited as authority (rule)
Liciaga v. New York City Tr. Auth.
(5×)
There, in a split 3-2 decision, the Young majority concluded that a defendant was not entitled to an offset against the plaintiff's potential future receipt of Social Security disability benefits as the plaintiff had "never applied for [such] benefits" ( id. at 926).
discussed
Cited as authority (rule)
Whitley v. Tsegay
The defendant fails to show any good cause for the delay in conducting the exam, as completion of discovery is not required for an independent medical examination (IME), and fails to show that there is no prejudice to the plaintiff (Young at 924).
discussed
Cited as authority (rule)
Scannapieco v. City of New York
(2×)
The Appellate Division, Fourth Department, in Young v Tops Mkts. (supra at 925-926), held that the trial court providently exercised its discretion in directing the defendants to make an accelerated lump7sum payment for annuity benefits owed to the plaintiffs from the date of verdict through the entry of judgment where there was a significant delay between such dates.
discussed
Cited "see"
Staats v. Wegmans Food Markets, Inc.
Even assuming, arguendo, that plaintiff was not a credible witness, we note that defendant failed to present any evidence from which the court could have determined that plaintiff was reasonably certain to remain entitled to Canadian health care benefits for the duration of the period in which damages for future medical expenses were awarded (see Kihl, 47 AD3d at 165-167 ; Ruby v Budget Rent A Car Corp., 23 AD3d 257 [2005], lv denied 6 NY3d 712 [2006]; see generally Young v Tops Mkts. [appeal No. 4], 283 AD2d 923 , 926 [2001]).
discussed
Cited "see"
Bissell v. Town of Amherst
“Any alleged errors in the summation of [the Town’s] attorney, to the extent that they are preserved, are ‘not so flagrant or excessive that a new trial is warranted’ ” (Dombrowski v Moore, 299 AD2d 949, 951 [2002]; see Young v Tops Mkts. [appeal No. 4], 283 AD2d 923 , 924 [2001]).
discussed
Cited "see"
Marcoux v. Farm Service and Supplies, Inc.
See Young v. Tops Markets, Inc., 283 A.D.2d 923, 924-25 , 725 N.Y.S.2d 489 (4th Dep’t 2001)(reducing jury awards as excessive from $1.5 million for 4 and a half years of past pain and suffering and $5.5 million for 25 years of future pain and suffering to $1 million for plaintiffs past pain and suffering and $2.5 million for plaintiffs future pain and suffering because “[ajlthough plaintiff sustained serious injuries to his right femur, spinal column, pelvis, and right knee and heel that cause continuous pain, he is able to walk with a cane, drive himself around town and do light work arou…
discussed
Cited "see, e.g."
Pianoforte v. JZI Servs. LLC
See also, Young v Tops Mkts, 283 AD2d 923 [4th Dept, 2001], where the Court found counsel's statement made during summation, "may seem like a lot of money, but I don't know of anybody [who] would take that money and say give me what ***[plaintiff] has gone through and what he will go through", not so egregious as to'warrant setting aside the verdict for that reason.
discussed
Cited "see, e.g."
Brown v. Reinauer Transportation Companies, LLC
Here, given the testimony of plaintiffs life care planner, as well as the evidence that plaintiff fractured his hip, underwent multiple surgeries, is permanently disabled from work, and has suffered from extreme pain since the fall due to causally related reflex sympathetic dystrophy, we cannot say that the verdict is unsupported by sufficient evidence or that the jury’s award shocks the conscience (see id. at 969-970 ; Serrano v 432 Park S. Realty Co., LLC, 59 AD3d 242, 242-243 [2009]; see also Young v Tops Mkts., 283 AD2d 923 , 924-925 [2001]).
Retrieving the full opinion text from the archive…
Thomas J. Young
v.
Tops Markets, Inc.
v.
Tops Markets, Inc.
Appeal No. 1.
Appellate Division of the Supreme Court of the State of New York.
May 2, 2001.
Published
—Appeal unanimously dismissed without costs (see, CPLR 5501 [a] [1]). (Appeal from Order of Supreme Court, Erie County, Glownia, J. — Discovery.) Present — Pine, J. P., Wisner, Hurlbutt, Scudder and Kehoe, JJ.