Opinion
05-08-2017
Robert OBEY, Plaintiff–Appellant, v. The CITY OF NEW YORK, Defendant, New York City Transit Authority, Defendant–Respondent.
Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., Mineola (Mark R. Bernstein of counsel), for appellant. Lawrence Heisler, Brooklyn, for respondent.
Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., Mineola (Mark R. Bernstein of counsel), for appellant.
Lawrence Heisler, Brooklyn, for respondent.
TOM, J.P., FRIEDMAN, RICHTER, GISCHE, GESMER, JJ.
Upon remittitur from the Court of Appeals (
29 N.Y.3d 958, 51 N.Y.S.3d 493, 73 N.E.3d 850 [2017] ), for consideration of issues raised but not determined on the appeal to this Court, order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered May 22, 2014, insofar as it denied plaintiff's motion to set aside the jury's award of damages for pain and suffering, unanimously affirmed, without costs.
The jury's award of $450,000 for past and future pain and suffering did not differ materially from what is reasonable compensation, and plaintiff raises no challenge on appeal to the award for medical expenses. The cases relied on by plaintiff in support of his challenge to the pain and suffering award (see e.g., Firmes v. Chase Manhattan Auto. Fin. Corp., 50 A.D.3d 18, 852 N.Y.S.2d 148 [2d Dept.2008], lv. denied 11 N.Y.3d 705, 866 N.Y.S.2d 608, 896 N.E.2d 94 [2008] ) are distinguishable, because in those cases plaintiff had significantly more surgery than occurred here. We see no reason to increase the jury's damages award or to order a new trial on damages.