Opinion
February 24, 1986
Appeal from the Supreme Court, Nassau County (Samenga, J.).
Appeal from the interlocutory judgment dismissed (see, Matter of Aho, 39 N.Y.2d 241, 248). The portions of the interlocutory judgment appealed from by the defendant are brought up for review and have been considered on the appeal from the judgment dated January 16, 1985.
Judgment dated January 16, 1985 affirmed, insofar as appealed from.
The plaintiff is awarded one bill of costs.
We find that the trial court's judgment on the issue of liability is not contrary to the weight of the evidence. Moreover, we conclude that in view of the permanence of the plaintiff's injury, her pain and suffering, and the restriction the injury imposes on her previously active life-style, the award of $90,000 in damages was not disproportionate to the injury received and was within reasonable bounds (see, O'Connell v Albany Med. Center Hosp., 101 A.D.2d 637, 638). Gibbons, J.P., Brown, Lawrence and Kooper, JJ., concur.