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DELACRUZ v. PORT AUTHORITY OF NEW YORK

62 A.D.3d 600 (2009)

879 N.Y.S.2d 436

ALICE DELACRUZ, Appellant, v. PORT AUTHORITY OF NEW YORK and NEW JERSEY et al., Respondents.

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

Decided May 26, 2009.

The stipulated increase in damages for past pain and suffering, undertaken at the court's urging and as an alternative to a new trial, was warranted (see Newman v Aiken, 278 A.D.2d 115 [2000]). In reviewing plaintiff's motion to set aside the award of past pain and suffering, Supreme Court employed the "deviates materially from reasonable compensation" test specified by CPLR 5501 (c). That statute provides the Appellate Division...

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