Opinion
2391.
Decided January 8, 2004.
Order, Supreme Court, New York County (Nicholas Figueroa, J.), entered September 25, 2002, which granted defendant's motion for a new trial on damages unless plaintiff stipulated to a reduction of the jury's awards for past and future pain and suffering of $130,000 and $130,000, respectively, to $100,000 and $75,000, respectively, unanimously reversed, on the law and the facts, without costs, the motion denied and the verdict reinstated. The Clerk is directed to enter judgment accordingly.
Steven D. Ateshoglou, for Plaintiff-Appellant-Respondent.
Merril S. Biscone, for Defendant-Respondent-Appellant.
Before: Tom, J.P., Andrias, Saxe, Ellerin, JJ.
Plaintiff suffered a fractured clavicle that necessitated surgical repair when, as a pedestrian, he was hit by defendant's vehicle. The surgery left a shortened clavicle bone, and weakened and scarred the neighboring supporting shoulder muscles. Plaintiff has consequently endured persistent pain and intermittent immobility, which appreciably diminishes his ability to resume his previous athletic lifestyle. Upon review of the record, we find that the jury's awards at issue are comparable to awards upheld for similar injuries ( see Donlon v. City of New York, 284 A.D.2d 13; see e.g. Koplewicz v. Colony Ticket Serv., Inc., 211 A.D.2d 449, lv denied 85 N.Y.2d 810; Tate v. Colabello, 88 A.D.2d 552, affd 58 N.Y.2d 84), and accordingly reverse and reinstate the jury's verdict.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.