Opinion
5581, M-5868
November 21, 2002.
Amended judgment, Supreme Court, New York County (Dominick Viscardi, J.), entered June 15, 2000, which, after a jury verdict in plaintiff's favor in the amount of $20 million for past pain and suffering and $10 million for future pain and suffering, awarding him damages structured pursuant to CPLR Article 50-B, unanimously modified, on the facts, to vacate the award and to order a new trial solely as to damages, and otherwise affirmed, without costs, unless plaintiff stipulates, within 30 days of service of a copy of this order, with notice of entry, to the reduction of the verdict (prior to structuring pursuant to CPLR Article 50-B) in the following amounts: past pain and suffering, $3 million, and future pain and suffering, $5 million; and to entry of an amended judgment in accordance therewith.
Benedict P. Morelli, for plaintiff-respondent.
Lawrence A. Silver, for defendant-appellant.
Before: Williams, P.J., Tom, Mazzarelli, Rosenberger, Ellerin, JJ.
We affirm judgment as to liability. However, the damages award deviated materially from what is reasonable compensation under these circumstances. Rather, the amounts stated above would provide a more appropriate level of compensation (see Sladick v. Hudson General Corp., 226 A.D.2d 263).
Motion seeking leave to file sur-reply denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.