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DONLON v. CITY OF NEW YORK

284 A.D.2d 13 (2001)

727 N.Y.S.2d 94

WILLIAM DONLON, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

June 28, 2001.

Attorney(s) appearing for the Case

Edward J. Guardaro, Jr., of counsel (Kitson, Kitson & Bisesto, attorneys), for respondent.

Kathleen Alberton of counsel (Larry A. Sonnenshein on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for appellants.

WILLIAMS, J. P., WALLACH, BUCKLEY and FRIEDMAN, JJ., concur; MAZZARELLI, J., dissents in a separate opinion.

OPINION OF THE COURT

Per Curiam.

This is an appeal from a money judgment based upon a jury verdict awarding plaintiff damages for past and future pain and suffering. The defendant contends that the award is excessive. This requires our review pursuant to CPLR 5501 (c). The issue is whether the award is excessive in that it deviates materially from what would be reasonable compensation. For the reasons set forth below we find that the award for future pain...

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