| Rabito v Deer Park Mgt. Servs., LLC |
| 2013 NY Slip Op 03313 [106 AD3d 798] |
| May 8, 2013 |
| Appellate Division, Second Department |
| Giuseppe Rabito et al., Appellants, v Deer ParkManagement Services, LLC, Respondent. |
—[*1] Kennedy & Gillen, Garden City, N.Y. (Christopher F. Mansfield of counsel), forrespondent.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal froma judgment of Supreme Court, Nassau County (Murphy, J.), dated August 25, 2011,which, upon a jury verdict on the issue of liability finding the defendant 100% at fault inthe happening of the accident, and upon a jury verdict on the issue of damages awardingthe plaintiff Giuseppe Rabito the principal sums of only $25,000 for past pain andsuffering and $30,000 for future pain and suffering and the plaintiff Marlene Rabito theprincipal sums of only $5,000 for past loss of services and $5,000 for future loss ofservices, is in favor of them and against the defendant in only those principal sums.
Ordered that the judgment is affirmed, with costs.
Contrary to the plaintiffs' contention, there is no evidence to show that the verdictwas an impermissible compromise (cf. Califano v Automotive Rentals, 293AD2d 436 [2002]; Rivera v City of New York, 253 AD2d 597 [1998]). The jurywas presented with conflicting evidence and theories as to the cause of the injuries of theinjured plaintiff, Giuseppi Rabito, and whether his preexisting injuries were exacerbatedby the subject accident.
Further, the plaintiffs' failure to object to the verdict sheet constitutes a waiver oftheir claim that the interrogatories were impermissibly general (see CPLR4110-b; Brown v Stark, 205 AD2d 725 [1994]). The damages awarded for pastand future pain and suffering did not materially deviate from what would be consideredreasonable compensation (see CPLR 5501 [c]; Paternoster v Drehmer,260 AD2d 867 [1999]).
The plaintiffs' remaining contentions are without merit. Angiolillo, J.P., Chambers,Hall and Roman, JJ., concur.