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ADAMS v. HEATH

26 A.D.3d 157 (2006)

807 N.Y.S.2d 567

JOHN ADAMS, JR., an Infant, by His Mother and Legal Guardian, NANCY MORALES-ADAMS, Appellant-Respondent, et al., Plaintiff, v. EDWIN HEATH, JR., et al., Respondents-Appellants, FIRST FIDELITY LEASING GROUP, INC., et al., Defendants, and FIRST UNION AUTO FINANCE LLC, Respondent. (And a Third-Party Action.)

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

February 2, 2006.

The trial court providently exercised its discretion in finding that the award of $100,000 for the infant plaintiff's essentially cosmetic injury materially deviated from what would be reasonable compensation, and therefore appropriately directed a new trial on the issue of damages unless the infant plaintiff stipulated to a reduced award of $25,000 (see CPLR 5501 [c]). We have considered the parties' other requests for affirmative relief on the appeal and cross appeal...

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