Opinion
Argued February 9, 2001.
March 12, 2001.
In an action to recover damages for personal injuries, the defendants appeal from a judgment of the Supreme Court, Nassau County (Palmieri, J.), dated March 10, 2000, which, upon a jury verdict, is in favor of the plaintiff and against them in the principal sum of $107,500.
Cartiglia, Connolly Russo (Sweetbaum Sweetbaum, Lake Success, N Y [Marshall D. Sweetbaum] of counsel), for appellants.
Louis Grandelli, Brooklyn, N.Y. (Mark J. Rayo of counsel; Louis A. Badolato on the brief), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Contrary to the defendants' contention, the plaintiff's fleeting reference at trial to an insurance company "was not so prejudicial as to warrant the granting of a mistrial" (Burlingame v. G G Auto Repair, 229 A.D.2d 511, 512; see also, Siegfried v. Siegfried, 123 A.D.2d 621).
The defendants' argument with respect to the missing witness charge is not properly before this court as it was raised for the first time in their reply brief (see, Matter of Allen, 268 A.D.2d 520). In any event, the charge was proper (see, Jordan v. Donat, 255 A.D.2d 242).
The defendants' arguments with respect to the award of damages for future pain and suffering are without merit as the award does not deviate materially from what would be reasonable compensation (see, CPLR 5501[c]).