Opinion
June 16, 1986
Appeal from the Supreme Court, Queens County (Bambrick, J.).
Judgment modified, on the facts and as a matter of discretion, by adding thereto a provision severing Irma Maldonado's cause of action to recover damages for loss of services and granting a new trial with respect thereto unless the defendants shall serve and file in the office of the Clerk of the Supreme Court, Queens County, a written stipulation consenting to award Irma Maldonado the principal sum of $2,000 for loss of services and to the entry of an amended judgment accordingly. As so modified, judgment affirmed, with one bill of costs to the plaintiffs. The defendants' time to serve and file a stipulation is extended until 20 days after service upon them of a copy of the order to be made hereon, with notice of entry. In the event the defendants so stipulate, then the judgment, as so amended, is affirmed, without costs or disbursements.
The verdict in favor of the plaintiff Luis Maldonado for his personal injuries will not be set aside as inadequate due to the conflicting medical evidence (see, Grimaldi v. Finch, 99 A.D.2d 920). However, the jury's decision to deny the plaintiff Irma Maldonado any recovery for loss of services is contrary to a fair interpretation of the undisputed evidence (see, Casse v. Harlem Paper Prods. Corp., 84 A.D.2d 742, appeal dismissed 55 N.Y.2d 974). Thompson, J.P., Bracken, Rubin and Eiber, JJ., concur.