FILED: ROCKLAND COUNTY CLERK 12/18/2017 04:08 PM
`NYSCEF DOC. NO. 18
`
`INDEX NO. 031021/2016
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`RECEIVED NYSCEF: 12/18/2017
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`To commence the statutory time
`period of appeals as of right
`(CPLR 5513[a]), you arc advised
`to serve a copy of this order
`with notice of entry, upon all
`parties.
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ROCKLAND
`----------------------------------------------------------------------)(
`ALICIA ESPINAL-PERDOMO,
`
`Plaintiff,
`
`-against-
`
`GREG WINSKO and NICOLE WINSKO,
`
`Defendants.
`---------------------------------------------------------------------------)(
`
`LOEHR, J.
`
`DECISION AND ORDER
`Index No.: 031021/16
`
`Upon the Defendant's default in answering, an inquest was held before the Court on April
`6,2017. The Plaintiff testified: she is a 32 year old mother of two and housewife who was
`injured on November 16,2015 when she fell at a defective outside staircase. When she fell, she
`injured her left arm, her left hand and her left knee and was taken by ambulance to Good
`Samaritan Hospital where it was found that she had suffered a transverse displaced and
`comminuted fracture of her left patella. Surgery was performed consisting of an open reduction
`with internal fixation and reenforcement of the patella and quadriceps tendon. Following surgery
`she spent several days in the hospital, returned home where she required a wheel chair and
`crutches to ambulate for the next three months,
`the first three weeks of which she was bed-
`ridden. She also engaged in three months of physical therapy to restore range of motion to the left
`knee. Based on the Plaintiffs
`testimony,
`the Court finds that she can not kneel, perform most
`house cleaning functions and has difficulty walking on steps.
`Plaintiff produced extensive medical records from Rockland Orthopedics treating surgeon
`Amp K. Bhadra, M.D., with follow up care through February 25, 2016. Upon discharge she was
`found to have no restrictions to daily activities but was recommended to use a brace for certain
`outside activities and to continue physical
`therapy for quad strengthening and anti-inflammatory
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`FILED: ROCKLAND COUNTY CLERK 12/18/2017 04:08 PM
`NYSCEF DOC. NO. 18
`
`INDEX NO. 031021/2016
`
`RECEIVED NYSCEF: 12/18/2017
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`medications as needed for pain relief.
`The Court also reviewed the records of Stern Physical Rehabilitation where Plaintiff
`received physical therapy treatment from January, 2016 to May 10, 2016 for significant pain and
`stiffness in her left knee. Upon discharge from physical therapy, she was found to have mild pain
`during deep kneeling and stair climbing, was able to ambulate and perform all activities of daily
`living and childcare.
`this Court makes an award of
`Based on the testimony and the medical evidence produced,
`$300,000 for past pain and suffering and $75,000 for future pain and suffering over the next fifty
`years.
`
`Dated: New City, New York
`December 11,2017
`
`de::
`
`Hon. GERALD E. LOEHR
`J. S.C.
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