Rivera v. Lincoln Center for the Performing Arts, Inc.

• Court: New York Supreme Court — Appellate Division
• Citation: Rivera v. Lincoln Center for the Performing Arts, Inc., 16 A.D.3d 274, 792 N.Y.S.2d 39, 2005 NY Slip Op 2370 (N.Y. App. Div. 2005)
• Decision Date: 24 March 2005
• Docket Number: 5444.
• Parties: ELAINE RIVERA, Appellant, v. LINCOLN CENTER FOR THE PERFORMING ARTS, INC., Respondent.

16 A.D.3d 274

792 N.Y.S.2d 39

2005 NY Slip Op 02370

ELAINE RIVERA, Appellant, v. LINCOLN CENTER FOR THE PERFORMING ARTS, INC., Respondent.

5444.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 24, 2005.

Order, Supreme Court, New York County (Christopher J. Burns, J.), entered on or about June 17, 2004, which, in an action for personal injuries sustained in a slip and fall on defendant's premises, insofar as appealed from, granted defendant's motion for a new trial on the issue of future pain and suffering unless plaintiff stipulated to reduce the jury's award therefor from $362,500 to $40,000, unanimously modified, on the law and the facts, to increase the amount to which plaintiff must stipulate in order to avoid a new trial on future pain and suffering to $200,000, and otherwise affirmed, without costs.

The trial court's remittitur is excessive to the extent indicated (CPLR 5501 [c]). Plaintiff sustained an...