HERBERT HENSCHEL, plf-res, v. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, def-app -AND- METROPOLITAN LIFE INSURANCE CO., def

17-014/016. HERBERT HENSCHEL, plf-res, v. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, def-app -AND- METROPOLITAN LIFE INSURANCE CO., def — Judgment (Alexander M. Tisch, J.), entered September 10, 2015, modified to reduce plaintiff's damage award to the principal sum of $2,856; as modified, judgment affirmed, without costs. Appeals from judgments (Gerald Lebovits, J.), each entered October 29, 2014, dismissed, without costs, as moot.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

17-014/016. HERBERT HENSCHEL, plf-res, v. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, def-app -AND- METROPOLITAN LIFE INSURANCE CO., def — Judgment (Alexander M. Tisch, J.), entered September 10, 2015, modified to reduce plaintiff’s damage award to the principal sum of $2,856; as modified, judgment affirmed, without costs. Appeals from judgments (Gerald Lebovits, J.), each entered October 29, 2014, dismissed, without costs, as moot.

Addressing first the judgment rendered on September 10, 2015, we note that a judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that “substantial justice has not been done between the parties according to the rules and principles of substantive law” (CCA 1807; see Williams v. Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). Applying that limited review standard here, and giving due deference to the trial court’s fact and credibility-based finding that the dental plan provided to plaintiff upon his retirement covered the dental services at issue, we find no basis to substitute our judgment for that of the trial court in resolving the liability aspect of the action in plaintiff’s favor. However, the record and ends of “substantial justice” support an award of no greater than $2,856, since plaintiff was responsible for paying twenty percent of the claimed dental expenses.

HERBERT HENSCHEL, plf-res, v. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, def-app -AND- METROPOLITAN LIFE INSURANCE CO., def

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal