Opinion
July 6, 1995
Appeal from the Supreme Court, New York County (Peter Tom, J.).
The record supports the trial court's reduction of the jury award in respect to plaintiff's pain and suffering both up to the date of verdict and in futuro as well as the future medical expense. Respect must be accorded to the sound exercise of discretion by the Trial Judge, who was in the best position to hear and see the witnesses testify and to observe courtroom events ( see, Pena v. New York City Tr. Auth., 185 A.D.2d 794, 795). As for defendants' contention that they were prejudiced by certain comments made by plaintiff's counsel in the course of his summation, their failure to object or move for a mistrial constitutes a waiver of any right to complain (CPLR 4017; see, Torrado v. Lutheran Med. Ctr., 198 A.D.2d 346, 347), and they were certainly not deprived of a fair trial.
We have considered the parties' remaining arguments and find them to be without merit.
Concur — Rubin, J.P., Ross, Asch and Mazzarelli, JJ.