RAMLAKHAN v. MANGRU

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Supreme Court, Appellate Division, Second Department, New York.

Harrilal RAMLAKHAN, Respondent, v. Sumintra MANGRU, et al., Appellants.

Decided: September 21, 1998

THOMPSON, J.P., SANTUCCI, FRIEDMANN and FLORIO, JJ. Larry S. Bachner, Kew Gardens, N.Y., for appellants. Baines & Rejtig, P.C., Brooklyn, N.Y. (Cyril Baines of counsel), for respondent.

In an action to recover damages for personal injuries resulting from a battery, the defendants appeal from a judgment of the Supreme Court, Queens County (Golar, J.), dated October 9, 1997, which, upon a jury verdict, is in favor of the plaintiff and against them in the principal amount of $78,000 ($45,000 in damages for pain and suffering, $8,000 in lost earnings, and $25,000 in punitive damages).

ORDERED that the judgment is affirmed, with costs.

Contrary to the defendants' contention, the verdict in favor of the plaintiff was based upon a fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 129, 134, 495 N.Y.S.2d 184).   In addition, the damages awarded were adequately supported by the trial evidence and were not excessive (cf., Papa v. City of New York, 194 A.D.2d 527, 531, 598 N.Y.S.2d 558;  Georgiadis v. State of New York, 106 A.D.2d 706, 707-708, 483 N.Y.S.2d 753).   In view of the premeditated and brutal nature of the defendants' attack upon the plaintiff with baseball bats, resulting in serious injuries, we find that the $25,000 awarded in punitive damages was not excessive.

The defendants' remaining contentions are either unpreserved for appellate review or without merit.

MEMORANDUM BY THE COURT.

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