Opinion
February 27, 1996
Appeal from the Supreme Court, New York County (Bruce McM. Wright, J.).
No expert testimony on the issue was mandated and it was clearly within the province of the jury to determine whether or not the removal of the ramp and the resultant four inch step required corrective action by the City in light of the testimony of Jeannette Holmes, who worked in the office primarily served by the entrance in issue, that she had personally reported the missing ramp to the City and that, in the subsequent two weeks prior to plaintiff's accident, "there were people tripping since the ramp wasn't there coming into that entrance." However, given plaintiff's advanced age and the nature of her injuries, we deem the award for past and future pain and suffering and loss of future wages excessive to the extent indicated in that it deviates materially from what would be reasonable compensation under the circumstances of this case.
Concur — Rosenberger, J.P., Rubin, Kupferman and Mazzarelli, JJ.