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Would you have appealed as a Plaintiff?

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Nieva-Silvera v Katz, 2021 NY Slip Op 04144 (2d Dept. 2021)

Cervical fusion, arthroscopic surgery, verdict reduced to 2 million.

Plaintiff appealed and received another $570,000 from the Second Department. Would you have appealed for the extra $570,000?

I can tell you if I walked home with $2 million from a runaway jury after reductions at the trial court, I would have entered the appropriate judgment and said pay me. I think this was a bit piggish, unless the client was screaming and saying the reduction was unfair and demanded an appeal.

As I always say – what do I know?

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