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GAJENDRA SAWH, ETC., ap, v. BALLY CONTRACTING CORP. res

GAJENDRA SAWH, ETC., ap, v. BALLY CONTRACTING CORP. res — (INDEX NO. 16789/10)In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Livote, J.), entered December 26, 2014, as denied that branch of his motion which was pursuant to CPLR 4404(a) to set aside the jury verdict on the issue of damages for past pain and suffering.

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GAJENDRA SAWH, ETC., ap, v. BALLY CONTRACTING CORP. res — (INDEX NO. 16789/10)In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Livote, J.), entered December 26, 2014, as denied that branch of his motion which was pursuant to CPLR 4404(a) to set aside the jury verdict on the issue of damages for past pain and suffering.

ORDERED that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, that branch of the plaintiff’s motion which was pursuant to CPLR 4404(a) to set aside the verdict on the issue of damages for past pain and suffering is granted, and the matter is remitted to the Supreme Court, Queens County, for a new trial on the issue of damages for past pain and suffering, unless within 30 days after service upon the defendants of a copy of this decision and order, the defendants serve and file in the office of the Clerk of the Supreme Court, Queens County, a written stipulation consenting to increase the amount of damages for past pain and suffering from the principal sum of $100,000 to the principal sum of $300,000; in the event that the defendants so stipulate, then the order, as so modified, is affirmed insofar as appealed from, without costs or disbursements.

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