Opinion
November 4, 1993
Appeal from the Supreme Court, Bronx County (Hansel McGee, J.).
Plaintiff sustained personal injuries to her body when a portion of the living room ceiling of her 6th floor cooperative apartment collapsed on her. Defendant-appellant building owner's contentions that the trial court improperly admitted evidence of purported, unrelated leaks and other defective conditions in the building's roof and that the court erred in its charge on damages, are not preserved for appellate review as a matter of law, and we decline to review them (see, Matter of New York City Asbestos Litig. [Brooklyn Nav. Shipyard Cases], 188 A.D.2d 214, 225-226, lv granted sub nom. Dudick v Keene Corp., 81 N.Y.2d 707). In any event, proof of prior roof leakage affecting other units in the building was admissible to show both existence of the dangerous condition of a deteriorating roof that needed replacement and defendant-appellant's notice thereof (see, Hyde v County of Rensselaer, 51 N.Y.2d 927; cf., Christoforou v Lown, 120 A.D.2d 387, 390).
We do, however, find that the jury's award of $400,000 for past pain and suffering and $600,000 for future pain and suffering deviates materially from what would be reasonable compensation (CPLR 5501 [c]). Accordingly, we direct a new trial as to damages unless plaintiff stipulates to a reduction of the verdict indicated above.
Concur — Murphy, P.J., Sullivan, Kupferman and Asch, JJ. [As amended by order entered Feb. 8, 1994.]