THERESA GUSS, res, v. CITY OF NEW YORK APPELLANTS def — (INDEX NO. 8353/06)In an action to recover damages for personal injuries, the defendants City of New York and New York City Department of Transportation appeal from a judgment of the Supreme Court, Kings County (Graham, J.), dated March 25, 2014, which, upon the denial of their motion, in effect, pursuant to CPLR 4401 for judgment as a matter of law made at the close of the plaintiff’s case on the issue of liability, upon a jury verdict finding them 100 percent at fault in the happening of the accident, upon a separate jury verdict on the issue of damages, and upon the denial of their motion pursuant to CPLR 4404 to set aside the jury verdict on the issue of liability as contrary to the weight of the evidence and for a new trial, or, in the alternative, to set aside the jury verdict on the issue of damages as excessive, is in favor of the plaintiff and against them in the principal sum of $2,798,599.
ORDERED that the judgment is modified, on the law, on the facts, and in the exercise of discretion, by deleting the provision thereof awarding damages for future medical expenses; as so modified, the judgment is affirmed, without costs or disbursements, that branch of the motion of the defendants City of New York and New York City Department of Transportation pursuant to CPLR 4404 which was to set aside as excessive so much of the jury verdict as awarded the plaintiff damages in the principal sum of $2,025,600 for future medical expenses is granted, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the issue of damages for future medical expenses, and for the entry of an appropriate amended judgment thereafter, unless within 30 days after service upon the plaintiff of a copy of this decision and order, the plaintiff shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to reduce the damages award for future medical expenses from the sum of $2,025,600 to the sum of $681,600, and to the entry of an amended judgment accordingly; in the event that the plaintiff so stipulates, the judgment, as so reduced and amended, is affirmed, without costs or disbursements.
