Opinion
January 19, 1988
Appeal from the Supreme Court, Westchester County (Rubenfeld, J.).
Ordered that the judgment is affirmed insofar as appealed from, with costs.
The plaintiff urges this court to set aside the jury's award for both pain and suffering and for loss of earnings as so grossly inadequate as to shock the conscience. However, the award is neither inadequate nor shocking. The plaintiff presented no documentary proof at trial respecting his loss of earnings. Further, the two medical experts strongly disagreed as to the nature, extent and the cause of the plaintiff's physical complaints. Where conflicting medical evidence is presented at trial, a jury award will not be set aside as inadequate (see, Maldonado v WABC Towing Corp., 121 A.D.2d 517). Mangano, J.P., Bracken, Eiber and Harwood, JJ., concur.