Opinion
570877/03.
Decided April 16, 2004.
Defendants Carli Cab Corp. and Zaman Cheema appeal from a judgment of the Civil Court, New York County, entered October 7, 2002 after a jury trial (Alison Y. Tuitt, J.) apportioning liability 60% against defendants-appellants and 40% against defendant Magda Perez, and awarding plaintiff pre-apportionment damages of $75,000 and $25,000 for past and future pain and suffering, respectively.
Judgment entered October 7, 2002 (Alison Y. Tuitt, J. and jury) affirmed, with $25 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. MARTIN SCHOENFELD, Justices.
The jury's finding that plaintiff sustained serious injury within the meaning of Insurance Law § 5102(d) was based on a fair interpretation of the evidence ( see, Rosenberg v. Majestic Limousine Corp., 298 AD2d 243), and is not disturbed. There was objective medical evidence to establish that plaintiff's wrist injury was of the requisite seriousness and permanence ( see, Toure v. Avis Rent A Car Sys., 98 NY2d 345), evidence which, significantly, was unrebutted by the defense, which offered no countervailing medical evidence.
The awards of $75,000 for past pain and suffering over an eight-and-one-half year period and $25,000 for future pain and suffering over a projected 37-year period do not deviate materially from reasonable compensation under the circumstances ( see, CPLR 5501[c]).
This constitutes the decision and order of the court.