Opinion
March 30, 1999
Appeal from the Supreme Court, Bronx County (Lucindo Suarez, J.).
Plaintiff, 30 years old at the time of the subject injury, sustained in 1988, has undergone three arthroscopic surgical procedures to his knee, continues to suffer significant deterioration of knee cartilage and pain, and walks with a limp. Further arthroscopic surgery will not be beneficial and knee replacement surgery may be warranted in the future. On this record, and in consideration of the many years between the injury and the verdict, we find the trial court should not have reduced the jury verdict of $375,000 for past pain and suffering. We further find that, in light of plaintiff's life expectancy, the trial court's reduction of the jury verdict for future pain and suffering was inordinately large (see, CPLR 5501 [c]), and modify accordingly.
We do not have jurisdiction to review the trial rulings challenged by plaintiff on this appeal, given that such rulings are not incorporated in the order appealed from and that plaintiff has not moved for a new trial.
Concur — Ellerin, P. J., Nardelli, Williams and Rubin, JJ.