Opinion
3566.
Decided May 6, 2004.
Order, Supreme Court, Bronx County (Dianne T. Renwick, J.), entered April 8, 2003, which, to the extent appealed from, granted defendant Society of New York Hospital's motion to set aside the jury verdict on the ground of excessiveness and directed a new trial on the issue of damages unless plaintiff stipulated to reduce the awards for past and future pain and suffering from $1.5 million and $1 million, respectively, to $450,000 for past pain and suffering and $150,000 for future pain and suffering, unanimously modified, on the law and the facts, to increase the amounts to which plaintiff must stipulate to avoid a new trial to $600,000 for past pain and suffering and $400,000 for future pain and suffering, and otherwise affirmed, without costs.
Gilroy Downes Horowitz Goldstein, New York (James Gilroy of counsel), for appellant.
Martin Clearwater Bell, LLP, New York (Nancy A. Breslow of counsel), for respondent.
Before: Nardelli, J.P., Saxe, Williams, Friedman, JJ.
The awards for pain and suffering, as reduced by the trial court, deviate materially from what is reasonable compensation under the circumstances (CPLR 5501[c]) to the extent indicated.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.