ARVELLA FLOYD, res, v. 1710 REALTY, LLC ap — (INDEX NO. 5561/12)In an action to recover damages for personal injuries, the defendants appeal from a judgment of the Supreme Court, Kings County (Schack, J.), entered October 15, 2014, which, upon the denial of their motion 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, in effect, 100 percent at fault in the happening of the accident, and upon a separate jury verdict finding that the plaintiff sustained damages in the principal sums of $275,000 for past pain and suffering, $800,000 for future pain and suffering, $75,000 for past medical expenses, and $750,000 for future medical expenses, is in favor of the plaintiff and against them in the principal sum of $1,900,000. By so-ordered stipulation dated December 10, 2014, the parties stipulated to reduce the damages award for past medical expenses from the principal sum of $75,000 to the principal sum of $45,000, and for future medical expenses from the principal sum of $750,000 to the principal sum of $140,000, with the defendants expressly reserving the right to seek further reduction of these sums on appeal.
ORDERED that the judgment is modified, on the law, on the facts, and in the exercise of discretion, by deleting the provisions thereof awarding the plaintiff damages in the sums of $750,000 for future medical expenses and $800,000 for future pain and suffering; as so modified, the judgment is affirmed, with costs to the plaintiff, 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 future pain and suffering only, unless within 30 days after service upon the plaintiff of a copy of this decision and order, she shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to further reduce the amount of damages for future medical expenses from the stipulated principal sum of $140,000 to the principal sum of $60,000 and for future pain and suffering from the principal sum of $800,000 to the principal sum of $500,000, and to the entry of an appropriate amended judgment which shall also incorporate the stipulated reduction of the award for past medical expenses; in the event that the plaintiff so stipulates, then the judgment, as so reduced and amended, is affirmed, without costs or disbursements.
