Opinion
June 10, 1996
Appeal from the Supreme Court, Kings County (Shaw, J.).
Ordered that the judgment is reversed, on the facts and as a matter of discretion, with costs, and a new trial is granted on the issue of damages only, unless the plaintiffs, within 30 days after service upon them of a copy of this decision and order, with notice of entry, shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation by Irwin Kornspan consenting to reduce the verdict as to damages from $5,222,844 to $800,000 ($114,880 for past pain and suffering, $165,440 for future pain and suffering, $380,400 for past earnings, and $139,280 for future earnings) and a written stipulation by Irma Kornspan consenting to reduce the verdict as to damages on her derivative claim, from $898,781 to $50,000 ($24,000 for past loss of services and $26,000 for future loss of services) and to the entry of an amended judgment in the principal sums of $640,000 (80% of $800,000) and $40,000 (80% of $50,000) respectively; in the event that the plaintiffs so stipulate, then the judgment, as so reduced and amended, is affirmed without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for entry of an amended judgment accordingly.
We find that the damages awarded to the plaintiffs are excessive to the extent indicated because they deviate materially from what would be reasonable compensation under the circumstances of this case (see, CPLR 5501 [c]).
We have examined the parties' remaining contentions and find that no further relief is warranted here. Rosenblatt, J.P., Thompson, Pizzuto and Hart, JJ., concur.