Opinion
2002-00097
Argued April 10, 2003.
September 8, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals, on the ground of inadequacy, from so much of a judgment of the Supreme Court, Nassau County (Franco, J.), dated November 20, 2001, as, upon a jury verdict finding the defendant 100% at fault in the happening of the accident, is in favor of the plaintiff and against the defendant in the principal sum of $50,000.
Herbert Monte Levy, New York, N.Y., for appellant.
Shayne, Dachs, Stanisci, Corker Sauer, Mineola, N.Y. (Jonathan A. Dachs of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., HOWARD MILLER, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The parties entered into a pre-verdict, high-low agreement with parameters of $40,000 to $750,000. Since the jury verdict fell within those parameters, the plaintiff's present challenge to the judgment cannot be sustained ( cf. Gold v. United Health Servs. Hosp., 95 N.Y.2d 683, 688; Ogu v. Faulkner, 265 A.D.2d 469; Baca v. HRH Constr. Corp., 200 A.D.2d 538). In light of our determination we do not reach the plaintiff's remaining contention.
FLORIO, J.P., H. MILLER, ADAMS and RIVERA, JJ., concur.