Opinion
December 28, 1992
Appeal from the Supreme Court, Kings County (Held, J.).
Ordered that the judgment is modified, on the facts and as a matter of discretion, by deleting the second decretal paragraph thereof, and a new trial is granted to the appellants with respect to the plaintiff Valerie Olney's damages for past and future loss of services only, unless the plaintiff Valerie Olney serves and files in the office of the Clerk of the Supreme Court, Kings County, a written stipulation signed by her consenting to reduce the verdict as to damages for loss of services from $70,000 to $30,000 ($13,000 for past loss of services and $17,000 for future loss of services), and to the entry of an amended judgment accordingly; as so modified, the judgment is affirmed, without costs or disbursements; and it is further,
Ordered that the plaintiff Valerie Olney's time to serve and file a stipulation is extended until 20 days after service upon her of a copy of this decision and order with notice of entry; and it is further,
Ordered that in the event the plaintiff Valerie Olney so stipulates, then the judgment, as so reduced and amended, is affirmed, without costs or disbursements.
We find that the jury's award to the plaintiff Valerie Olney deviated materially from what would be reasonable compensation for the loss of services sustained (see, CPLR 5501 [c]; Calandrillo v East Nassau Med. Group, 186 A.D.2d 703).
We find no merit to the appellants' remaining contention. Rosenblatt, J.P., Ritter, Copertino and Pizzuto, JJ., concur.