On May 4, 2016, David Borohov injured his ankle when he fell going down the exterior staircase of his apartment building in Fresh Meadows.

Mr. Borohov, then a 24 year old hairdresser, sued Queens Fresh Meadows, LLC, the owner of the building, claiming that his injuries occurred because the the steps were defective and there were no handrails. The defendant failed to defend the lawsuit and plaintiff obtained a default judgment.

At the ensuing inquest, plaintiff presented evidence of his injuries and treatment upon which the judge then issued a decision awarding pain and suffering damages in the sum of $280,000 ($150,000 past – three years, $130,000 future).

Defendant claimed that it first became aware of the lawsuit when plaintiff began enforcement of judgment proceedings; however, its application to vacate its default was denied by the trial judge.

In Borohov v. Queens Fresh Meadows, LLC (2d Dept. 2024), the appellate court affirmed the order denying defendant’s application to vacate its default.

Here are the injury details:

• immediate transport to local hospital where he was diagnosed with a torn ligament in his left ankle
• soft cast, boot and crutches for two months
• physical therapy for five months, two cortisone injections
• permanently impaired with limitations in the subtalar joint and neuropathy for which arthroscopic surgery may be required
• continuing pain, numbness and inability to resume tennis, hiking or running

Inside Information:

• Plaintiff testified at the inquest. His medical proof was all on written submissions – physicians’ narrative reports, physical therapy records, an MRI finding and hospital records.
• On appeal, the defendant argued that the pain and suffering award was excessive in view of the fact that there were no fractures or surgery.