SMITH v. CITY OF NEW YORK


217 A.D.2d 423 (1995)

629 N.Y.S.2d 411

Owen Smith, Respondent-Appellant, v. City of New York et al., Appellants-Respondents, and New York City Health and Hospitals Corporation et al., Respondents

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

July 6, 1995


The record supports the trial court's reduction of the jury award in respect to plaintiff's pain and suffering both up to the date of verdict and in futuro as well as the future medical expense. Respect must be accorded to the sound exercise of discretion by the Trial Judge, who was in the best position to hear and see the witnesses testify and to observe courtroom events (see, Pena v New York City Tr. Auth.

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