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RODRIGUEZ, JR. v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

40 A.D.3d 442 (2007)

834 N.Y.S.2d 658

MARIO RODRIGUEZ, JR., et al., Appellants-Respondents, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent-Appellant.

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

Decided May 22, 2007.

The trial court properly found that the award for this injury materially deviated from reasonable compensation (see CPLR 5501 [c]). However, its conditional reduction for future pain and suffering was excessive to the extent indicated (English v Fischman, 266 A.D.2d 6 [1999], lv denied 94 N.Y.2d...

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