CARLOS ENRIQUE CANO, PLAINTIFF-res-ap, v. MID-VALLEY OIL COMPANY, INC. DEFENDANTS THIRD-PARTY PLAINTIFFS-APPELLANTS-RESPONDENTS; ADVENTURA CONSTRUCTION SERVICES, THIRD-PARTY DEFENDANT-APPELLANT (AND OTHER ACTIONS). (INDEX NO. 28242/05)In an action to recover damages for personal injuries, (1) the third-party defendant appeals, as limited by its brief, from stated portions of a judgment of the Supreme Court, Suffolk County (Pitts, J.), entered January 12, 2015, which, inter alia, is in favor of the defendant third-party plaintiff Drake Petroleum Company, Inc., and against it in the sum of $1,000,000, (2) the defendants third-party plaintiffs separately appeal, as limited by their brief, from so much of the same judgment as, after a jury trial on the issue of damages and upon an order of the same court dated December 2, 2014, denying those branches of the motion of the defendant third-party plaintiff Drake Petroleum Company, Inc., which were pursuant to CPLR 4404(a) to set aside so much of the verdict as awarded damages for past and future lost wages and granting those branches of that motion which were to set aside so much of the verdict as awarded damages for past and future medical expenses only to the extent of reducing those damages to the principal sums of $250,000 and $600,000, respectively, is in favor of the plaintiff and against the defendant third-party plaintiff Drake Petroleum Company, Inc., in the principal sums of $150,000 for past lost wages, $137,670 for future lost wages, $250,000 for past medical expenses, and, pursuant to CPLR article 50-B, $589,838 for future medical expenses, and (3) the plaintiff cross-appeals, as limited by his brief, from so much of the same judgment (a) as, upon an order of the same court entered July 5, 2013 (Molia, J.), denying his motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law §240(1), upon an order of the same court dated October 9, 2013 (Molia, J.), denying that branch of his motion which was for leave to renew his prior motion for summary judgment, and upon a jury verdict on the issue of liability finding him to be 25 percent at fault in the happening of the accident and the defendant third-party plaintiff Drake Petroleum Company, Inc., to be 75 percent at fault, reduced the damages awarded to the plaintiff by 25 percent based on the plaintiff’s comparative fault, and (b) as, after a jury trial on the issue of damages and upon an order of the same court dated December 2, 2014, denying those branches of the plaintiff’s motion which were pursuant to CPLR 4404(a) to set aside, on the ground of inadequacy, so much of the verdict as awarded damages for past pain and suffering in the sum of only $100,000 and damages for future pain and suffering in the sum of only $375,000, is in favor of the plaintiff and against the defendant third-party plaintiff Drake Petroleum Company, Inc., in the principal sum of only $100,000 for past pain and suffering and, pursuant to CPLR article 50-B, in the principal sum of only $311,130 for future pain and suffering.
ORDERED that the appeal by the defendants third-party plaintiffs Mid-Valley Oil Company, Inc., and Mobil Corporation is dismissed, as those parties are not aggrieved by the judgment appealed from (see CPLR 5511); and it is further,
