Small v. New York City Transit Authority

• Decision Date: 26 March 1996
• Citation: Small v. New York City Transit Authority, 639 N.Y.S.2d 922, 225 A.D.2d 471 (N.Y. App. Div. 1996)
• Parties: Jerry SMALL, Plaintiff-Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 922

639 N.Y.S.2d 922

225 A.D.2d 471

Jerry SMALL, Plaintiff-Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant-Appellant.

Supreme Court of New York, Appellate Division First Department.

March 26, 1996.

Page 921

Martin Diennor, for plaintiff-respondent.

Caryn Lilling, for defendant-appellant.

Resettled judgment, Supreme Court, Queens County (Joan Marie Durante, J.), entered on or about September 9, 1994, which upon an itemized verdict in favor of plaintiff in the amount of $2,000,000 for past pain and suffering, $23,000 for past lost earnings, $2,126,000 for future pain and suffering, $351,000 for future lost earnings, and $1,500,000 for future medical expenses, awarded plaintiff damages structured pursuant to CPLR article 50-B, unanimously modified, on the facts, to the extent of vacating the judgment with respect to past and future pain and suffering and ordering a new trial on the issue of these damages, and otherwise affirmed, without costs, unless plaintiff, within 20 days of service of a copy of this order with notice of entry, stipulates to reductions of the verdict for past pain and suffering to $1,250,000 and for future pain and suffering to $1,750,000, and to the entry of an amended judgment in accordance therewith, in which case the judgment, as so amended, is affirmed, without costs.

The verdict for past and future pain and suffering deviates materially from what would be reasonable compensation under the...