Opinion
December 30, 1988
Appeal from the Supreme Court, Suffolk County (Cohalan, J.).
Ordered that the judgment is affirmed, with costs.
On November 6, 1983, the plaintiff fell on the defendant's property and as a result suffered a comminuted fracture of the left patella which necessitated two surgical operations and an extended period of recuperation. The undisputed expert evidence indicates that in May 1987 there was still tenderness within the injured kneecap. Additionally, the plaintiff's participation in prolonged physical activity was curtailed by discomfort generated by the particular activity as well as by occasional edema of the injured area. Furthermore, the plaintiff's orthopedist opined that there was a "reasonable chance" that the plaintiff might develop arthritis throughout the kneecap in the future. In light of the undisputed expert evidence, we find that the jury's assessment of damages in the sum of $285,000 was not so excessive as to shock the conscience of the court (see, Petosa v City of New York, 63 A.D.2d 1016; O'Connor v Graziosi, 131 A.D.2d 553, lv denied 70 N.Y.2d 613; Walters v Charfil Holding, 115 A.D.2d 472). Kunzeman, J.P., Weinstein, Rubin and Kooper, JJ., concur.