Rodriguez v New York City Health & Hosps. Corp.

Rodriguez v New York City Health & Hosps. Corp. 2007 NY Slip Op 04354 [40 AD3d 442] May 22, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 11, 2007

Mario Rodriguez, Jr., et al., Appellants-Respondents,
v
New York City Health and Hospitals Corporation, Respondent-Appellant.

—[*1] Sullivan Papain Block McGrath & Cannavo, P.C., New York (Stephen C. Glasser of counsel), for appellants-respondents.

Michael A. Cardozo, Corporation Counsel, New York (Jane L. Gordon of counsel), for respondent-appellant.

Order, Supreme Court, New York County (Stanley L. Sklar, J.), entered March 16, 2006, which granted defendant's motion to set aside a jury verdict to the extent of directing a new trial on the issue of damages sustained by the infant plaintiff as a result of an improper circumcision, unless plaintiffs stipulated to a reduction of the verdict from $500,000 to $150,000 for past pain and suffering and from $1 million to $225,000 for future pain and suffering, unanimously modified, on the facts, the conditional award for future pain and suffering increased to $500,000, and otherwise affirmed, without costs.

The trial court properly found that the award for this injury materially deviated from reasonable compensation (see CPLR 5501 [c]). However, its conditional reduction for future pain and suffering was excessive to the extent indicated (English v Fischman, 266 AD2d 6 [1999], lv denied 94 NY2d 760 [2000]). Concur—Andrias, J.P., Saxe, Williams, Gonzalez and Kavanagh, JJ.