Opinion
August 31, 1987
Appeal from the Supreme Court, Nassau County (McGinity, J.).
Justice Mangano has been substituted for the late Justice Gibbons (see, 22 NYCRR 670.2 [c]).
Ordered that upon remittitur, the judgment is affirmed insofar as appealed from, without costs or disbursements.
The evidence adduced at the trial was sufficient to permit the jury to infer that the plaintiff Carmen Martinez had a firmly held belief that abortion was immoral. The evidence also establishes that the appellants, by their negligence, induced Ms. Martinez to undergo an abortion, and thus commit an act which was contrary to her firmly held belief. We therefore conclude that, as a matter of fact, the plaintiffs sufficiently proved their cause of action, as that cause of action was defined by the Court of Appeals in its decision in this case. We have examined the appellants' remaining contentions and find them to be without merit. Finally, we agree with the trial court that the jury's verdict as to damages was excessive, and therefore, we decline to reinstate it (see, CPLR 5501 [a] [5]). Mangano, J.P., Bracken, Lawrence and Kunzeman, JJ., concur.