Opinion
December 5, 1996.
Judgment, Supreme Court, New York County (Diane Lebedeff, J.), entered September 21, 1995, after a jury trial, awarding plaintiff Christopher Longueira the principal sum of $32,500 and plaintiff Mary Longueira the principal sum of $3,750 and bringing up for review an order of the same court and Justice, entered March 1, 1995, which, inter alia, denied plaintiffs' post-trial motion to set aside the jury verdict as being inadequate, unanimously affirmed, without costs.
Before: Ellerin, J.P., Wallach, Kupferman, Nardelli and Tom, JJ.
According to plaintiff's treating physician, the injuries to plaintiff's lung, diaphragm and pericardial sac were fully corrected by surgery. Thus, the total award (consisting of $130,000 to plaintiff husband and $15,000 to plaintiff wife but reduced by 75% after attribution by the jury of fault by plaintiff driver), cannot be said to deviate materially from what is reasonable compensation under the circumstances ( cf., e.g., Petryszyn v Di Fulvio, 185 AD2d 405).
We have considered plaintiffs' contentions that they were prejudiced by certain rulings and instructions issued by the trial court and find them to be without merit.