Burke v. Carrion
Opinion of the Court
The appellant’s challenges to the verdict sheet are without merit.
The awards of damages for past and future pain and suffering do not deviate materially from what would be reasonable compensation (see DiGiacomo v Cabrini Med. Ctr., 21 AD3d 1052, 1054-1055 [2005]; Knight v Loubeau, 309 AD2d 579, 580-581 [2003]; Stokes v New York Med. Group, 304 AD2d 449 [2003]). However, with respect to the awards of damages for past and future loss of services, although legally sufficient evidence and a fair interpretation of the evidence supports the jury’s determination to award damages in that regard (see Nicastro v Park, 113 AD2d 129, 132-133 [1985]), the damages are excessive to the extent indicated (see Stanisich v New York City Tr. Auth., 73 AD3d 737, 738 [2010]; Wallace v Stonehenge Group, Ltd., 33 AD3d 789, 790 [2006]; Becker v Woods, 24 AD3d 706, 707 [2005]).
In light of our determination, the appellant’s contention that the award of damages for future loss of services must be reduced in accordance with CPLR 5035 (repealed by L 2003, ch 86, § 3) is academic since, in the event the plaintiff stipulates to a reduction of the award of damages for future loss of services, the award is below the lump sum threshold of $250,000 (see former CPLR 5035; see also Stinton v Robin’s Wood, Inc., 45 AD3d 203, 210-211 [2007]).
The appellant’s remaining contentions are unpreserved for appellate review, as he either failed to object or did not object on the grounds now raised on appeal. Rivera, J.P., Angiolillo, Chambers and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.