Opinion
October 6, 1998
Appeal from the Supreme Court, New York County (Stanley Sklar, J.).
The jury verdict, finding that plaintiff's injuries were proximately caused by a piece of plastic cannula left in plaintiff's knee joint after arthroscopic surgery, was supported by legally sufficient evidence, viewing the evidence in the light most favorable to plaintiff ( see, Alexander v. Eldred, 63 N.Y.2d 460, 464). Our review of the record reveals that the verdict was not against the weight of the evidence ( see, Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499). Defendant's claim that the trial court abused its discretion in allowing the jury to suspend deliberations over the Christmas holidays is unpreserved and, in any event, without merit. The trial court's conditional reduction of plaintiff's aggregate pain and suffering damage award from $1,000,000 to $600,000 was appropriate on this record.
Concur — Sullivan, J. P., Milonas, Nardelli and Tom, JJ.