| Monaco v Pole Tech Corp. |
| 2006 NY Slip Op 50301(U) [11 Misc 3d 130(A)] |
| Decided on February 27, 2006 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), entered December 7, 2004, and from an order of the same court, entered December 23, 2004. The order denied defendants' motion to set aside the verdict as excessive. The judgment, entered upon a jury trial, awarded plaintiff the principal sum of $300,000.
Judgment and order affirmed without costs.
Upon a review of the record, we are of the opinion that plaintiff established that she sustained a serious injury. The nature of plaintiff's injuries warranted the jury's award of $100,000 for past pain and suffering and $200,000 for future pain and suffering. Since the award did not deviate materially from what would be reasonable compensation (see CPLR 5501[c]; Komforti v New York City Tr. Auth., 292 AD2d 569 [2002]; see also Schmidt v Bartolotta, 17 AD3d 162 [2005]), the judgment as well as the order, which denied defendants' motion to set aside the jury verdict, should be affirmed.
Weston Patterson, J.P., Golia and Belen, JJ., concur.
Decision Date: February 27, 2006