Opinion
No. 1129.
May 22, 2007.
Order, Supreme Court, New York County (Stanley L. Sklar, J.), entered March 16, 2006, which granted defendant's motion to set aside a jury verdict to the extent of directing a new trial on the issue of damages sustained by the infant plaintiff as a result of an improper circumcision, unless plaintiffs stipulated to a reduction of the verdict from $500,000 to $150,000 for past pain and suffering and from $1 million to $225,000 for future pain and suffering, unanimously modified, on the facts, the conditional award for future pain and suffering increased to $500,000, and otherwise affirmed, without costs.
Sullivan Papain Block McGrath Cannavo, P.C., New York (Stephen C. Glasser of counsel), for appellants-respondents.
Michael A. Cardozo, Corporation Counsel, New York (Jane L. Gordon of counsel), for respondent-appellant.
Before: Andrias, J.P., Saxe, Williams, Gonzalez and Kavanagh, JJ.
The trial court properly found that the award for this injury materially deviated from reasonable compensation ( see CPLR 5501 [c]). However, its conditional reduction for future pain and suffering was excessive to the extent indicated ( English v Fischman, 266 AD2d 6, lv denied 94 NY2d 760).