| Diouf v New York City Tr. Auth. |
| 2010 NY Slip Op 07696 [77 AD3d 600] |
| October 28, 2010 |
| Appellate Division, First Department |
| Matar Diouf, Respondent, v New York City Transit Authority,Appellant. |
—[*1] Kahn Gordon Timko & Rodriques, P.C., New York (Nicholas I. Timko of counsel), forrespondent.
Judgment, Supreme Court, New York County (Paul G. Feinman, J.), entered May 6, 2009,insofar as appealed from as limited by the briefs, upon a jury verdict, awarding plaintiff $800,000 forfuture pain and suffering, unanimously affirmed, without costs.
Plaintiff, a 55-year-old tailor, sustained painful fractures to both wrists after falling on uneven stairsleading into a subway station. The fracture to the left wrist was a comminuted intra-articular fracture ofthe distal radius and ulnar styloid, which required reduction surgery and a second surgical procedure toremove the metal hardware inserted into his wrist. Following a course of occupational therapy, plaintiff'sfractures healed but he had reduced ranges of motion, tenderness and reduced grip strength, andtraumatic arthritis causing pain in both wrists. Under the circumstances presented, the award for futurepain and suffering did not deviate materially from what is reasonable compensation (see Karwacki v Astoria Med. AnesthesiaAssoc., P.C., 23 AD3d 438 [2005]; Hayes v Normandie LLC, 306 AD2d 133[2003], lv dismissed 100 NY2d 640 [2003]; Cabezas v City of New York, 303AD2d 307 [2003]; CPLR 5501 [c]). Concur—Saxe, J.P., Acosta, Freedman, Richter andAbdus-Salaam, JJ.