Opinion
11-15-2016
Gilbert HERNANDEZ, Plaintiff–Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendant, Danella Construction of N.Y. Inc., Defendant–Respondent. [And a Third Party Action].
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for appellant. Cozen O'Connor, New York (Eric J. Berger of counsel), for respondent.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for appellant.
Cozen O'Connor, New York (Eric J. Berger of counsel), for respondent.
Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered September 24, 2015, which granted defendant Danella Construction of NY, Inc.'s motion to reduce the damages portion of the verdict and order a new trial of damages unless plaintiff stipulated to accept the reduced damages, unanimously affirmed, without costs.
The jury's award for pain and suffering deviated materially from reasonable compensation for the injuries sustained by plaintiff (CPLR 5501[c] ). The award for future medical expenses was not supported by the trial evidence (see e.g. Hyatt v. Metro–North Commuter R.R., 16 A.D.3d 218, 219, 792 N.Y.S.2d 391 [1st Dept.2005] ).
MAZZARELLI, J.P., ANDRIAS, SAXE, FEINMAN, GISCHE, JJ., concur.