Opinion
1628
September 24, 2002.
Order, Supreme Court, Bronx County (Louis Benza, J.), entered April 10, 2001, which, in an action for personal injuries sustained when an elevator in which plaintiff-appellant was riding fell two levels and came to a sudden stop, insofar as appealed from, denied plaintiff's motion to set aside as inadequate a verdict awarding her, inter alia, $62,000 for past pain and suffering and nothing for past and future loss of earnings and future pain and suffering, unanimously affirmed, without costs.
WESLEY M. SERRA, for plaintiff-appellant.
JOSEPH I. LAUER, for defendant-respondent.
Before: Williams, P.J., Tom, Rosenberger, Friedman, JJ.
While plaintiff clearly suffers from chronic and painful conditions for which she had surgery and other treatment after the subject elevator accident, ample evidence shows that such conditions are due to a preexisting congenital and degenerative disease in plaintiff's spine. A fair interpretation of the conflicting evidence on causation supports the jury's apparent finding that while the accident caused plaintiff some pain and suffering, it did not permanently aggravate her preexisting conditions or result in any serious new injuries (cf. Grassi v. Ulrich, 87 N.Y.2d 954).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.