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Summer 2024 - New York Appellate Division, Third Dept. denies defendant's motion to reduce award & interest. In August 2012, a 27-year-old man lost control of his motorcycle on County Road 25 in Upstate New in the Town of Columbus, located in Chenango County. He sustained serious injuries after being thrown from the motorcycle. His injuries included a tear of the deltoid ligament of the ankle (necessitating surgery), a scapular fracture, hearing loss and short-term memory loss. He and his friends had consumed a few beers at the racetrack, but the friends testified that they didn't him display any signs of intoxication when leaving the track. The road was in a state of severe disrepair, was very uneven with divots and depressions of over an inch. Defendant's motion to reduce plaintiff's award/interest rate was denied. Pasternak v County of Chenango, 2024 NY Slip Op 02109 [226 AD 3d 1220]



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