| P.D. v LaCour-Gayet |
| 2021 NY Slip Op 03260 [194 AD3d 575] |
| May 20, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| P.D., an Infant, by His Mother and Natural Guardian, Tynecca
Velez, et al., Respondents-Appellants, v Francois LaCour-Gayet, M.D., Defendant, and Montefiore Medical Center, Appellant-Respondent. |
Wilson Elser Moskowitz Edelman & Dicker, LLP, White Plains (Alan Friedberg of counsel), for appellant-respondent.
Jonah Grossman, Jamaica (Lawrence B. Lame of counsel), for respondents-appellants.
Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered on or about May 8, 2020, which granted defendant Montefiore Medical Center's motion to set aside the verdict awarding plaintiff $1 million for past pain and suffering and $1 million over 41 years for future pain and suffering to the extent of ordering a new trial on damages unless plaintiff stipulated to a reduction of the awards for past and future pain and suffering to $150,000 and $450,000, respectively, unanimously modified, on the facts, to further reduce the award for future pain and suffering to $100,000, and otherwise affirmed, without costs.
The award for future pain and suffering deviates materially from what would be reasonable compensation (see CPLR 5501 [c]).
In view of this finding, we need not reach the remaining arguments. Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Mendez, JJ.
Motion to strike Points A-N of plaintiff's reply brief as improper surreply granted.