Graves v New York City Tr. Auth.

2011 NY Slip Op 00642

Decided on February 1, 2011

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 1, 2011
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ANITA R. FLORIO, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
2009-10933
(Index No. 11185/06)






Wallace D. Gossett, Brooklyn, N.Y. (Anita Isola of counsel), for
appellant.
John K. Avanzino, P.C. (Pollack, Pollack, Isaac & De Cicco,
New York, N.Y. [Brian J. Isaac and
Jillian Rosen], of counsel), for
respondent.


DECISION & ORDER

In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Schack, J.), entered October 14, 2009, which, upon a jury verdict awarding the plaintiff the principal sums of $250,000 for past pain and suffering, $50,000 for past medical expenses, $100,000 for future pain and suffering, and $50,000 for future medical expenses, and upon a stipulation reducing the award for past medical expenses to the principal sum of $41,166, is in favor of the plaintiff and against it in the principal sum of $441,166.

ORDERED that the judgment is affirmed, with costs.

The amount of damages to be awarded to a plaintiff for personal injuries is a question for the jury, and its determination will not be disturbed unless the award deviates materially from what would be reasonable compensation (see CPLR 5501[c]; Chery v Souffrant, 71 AD3d 715, 716; Keaney v City of New York, 63 AD3d 794, 795). Under the circumstances presented here, the award did not deviate materially from what would be reasonable compensation.
FLORIO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court