Opinion
February 14, 1994
Appeal from the Supreme Court, Kings County (Hurowitz, J.).
Ordered that the judgment is affirmed insofar as appealed from; and it is further,
Ordered that the order is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs.
"It is well settled that the amount of damages to be awarded for personal injuries is primarily a question of fact for the jury" (Schare v. Welsbach Elec. Corp., 138 A.D.2d 477, 478; see, Jandt v. Abele, 116 A.D.2d 699). Only where the award "deviates materially from what would be reasonable compensation" can a new trial be granted (CPLR 5501 [c]). On this record we find that the jury verdict did not "deviate * * * materially from what would be reasonable compensation".
We further find that under the circumstances of this case, the counsel fees awarded were suitable compensation for the services rendered on behalf of the infant plaintiff (see, Judiciary Law § 474; Milano v. Cornwall Hosp., 160 A.D.2d 782). Mangano, P.J., Balletta, Friedmann and Florio, JJ., concur.