Opinion
7575.
February 2, 2006.
Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered January 12, 2005, which, to the extent appealed from as limited by the briefs, granted defendants-respondents-appellants' post-trial motion to the extent of vacating the jury verdict insofar as it awarded the infant plaintiff $100,000 for past pain and suffering, directed a new trial on the issue of damages for past pain and suffering unless the infant plaintiff accepted a reduced award of $25,000, otherwise denied defendants-respondents-appellants' motion, and denied the infant plaintiff's cross motion for a new trial on the issue of damages for future pain and suffering, unanimously affirmed, without costs.
Brand Brand Nomberg Rosenbaum, LLP, New York (Thomas S. Pardo of counsel), for appellant-respondent.
Thomas Torto, New York, for respondents-appellants.
Thomas M. Bona, P.C., White Plains (Robert H. Steindorf of counsel), for respondent.
Before: Saxe, J.P., Friedman, Williams, Catterson and Malone, JJ., concur.
The trial court providently exercised its discretion in finding that the award of $100,000 for the infant plaintiff's essentially cosmetic injury materially deviated from what would be reasonable compensation, and therefore appropriately directed a new trial on the issue of damages unless the infant plaintiff stipulated to a reduced award of $25,000 ( see CPLR 5501 [c]). We have considered the parties' other requests for affirmative relief on the appeal and cross appeal, and find them unavailing.