Q C. ALFRED K. KELLY, res v. THE CITY OF NEW YORK AND THE METROPOLITAN TRANSIT AUTHORITY, def

2012-690 Q C. ALFRED K. KELLY, res v. THE CITY OF NEW YORK AND THE METROPOLITAN TRANSIT AUTHORITY, def — Appeal from an amended judgment of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered December 29, 2010. The amended judgment, entered upon a jury verdict on the issue of damages awarding plaintiff the principal sums of $165,000 for past pain and suffering and $110,000 for future pain and suffering, and upon an order of the same court, dated November 5, 2010, granting defendant's motion pursuant to CPLR 4404 (a) to set aside the jury verdict and for a new trial on the issue of damages or, in the alternative, to reduce the amount of damages awarded upon the jury verdict as excessive, to the extent of directing a new trial on the issue of damages unless plaintiff stipulated to reduce the jury verdict from the sum of $165,000 to $75,000 for past pain and suffering and from the sum of $110,000 to $100,000 for future pain and suffering, awarded plaintiff the principal sum of $175,000 upon plaintiff's stipulation to the reduction in lieu of a new trial on the issue of damages.

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2012-690 Q C. ALFRED K. KELLY, res v. THE CITY OF NEW YORK AND THE METROPOLITAN TRANSIT AUTHORITY, def — Appeal from an amended judgment of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered December 29, 2010. The amended judgment, entered upon a jury verdict on the issue of damages awarding plaintiff the principal sums of $165,000 for past pain and suffering and $110,000 for future pain and suffering, and upon an order of the same court, dated November 5, 2010, granting defendant’s motion pursuant to CPLR 4404 (a) to set aside the jury verdict and for a new trial on the issue of damages or, in the alternative, to reduce the amount of damages awarded upon the jury verdict as excessive, to the extent of directing a new trial on the issue of damages unless plaintiff stipulated to reduce the jury verdict from the sum of $165,000 to $75,000 for past pain and suffering and from the sum of $110,000 to $100,000 for future pain and suffering, awarded plaintiff the principal sum of $175,000 upon plaintiff’s stipulation to the reduction in lieu of a new trial on the issue of damages.

ORDERED that the amended judgment is affirmed, without costs.

Q C. ALFRED K. KELLY, res v. THE CITY OF NEW YORK AND THE METROPOLITAN TRANSIT AUTHORITY, def

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