Opinion
November 29, 1993
Appeal from the Supreme Court, Kings County (Vaccaro, J.).
Ordered that the judgment is reversed insofar as appealed from, on the law and the facts, with costs, the jury verdict in favor of the plaintiff on the cause of action to recover damages for conscious pain and suffering is reinstated, and the matter is remitted to the Supreme Court, Kings County, for entry of an appropriate amended judgment.
The uncontroverted testimony of the plaintiff's expert that the decedent did not instantly die as a result of the injuries she sustained upon the crash of the car in which she was a passenger, that the decedent would have been conscious and alert for a minimum of 20 minutes after the impact, and that the decedent sustained injuries which were extremely painful, sufficiently established that the decedent experienced conscious pain and suffering (see, Gonzalez v New York City Hous. Auth., 161 A.D.2d 358, affd 77 N.Y.2d 663; Stein v Liebowitz-Pine View Hotel, 111 A.D.2d 572). Therefore, the court erred in setting aside the jury verdict awarding damages to the plaintiff for conscious pain and suffering. Thompson, J.P., Sullivan, Rosenblatt and Ritter, JJ., concur.