Rodriguez v. New York City Housing Authority

—Judgment, Supreme Court, Bronx County (Barry Salman, J., and a jury), entered March 14, 1996, awarding plaintiff $1,192,502.25 after adjustments pursuant to CPLR 5041, with interest of 9%, unanimously affirmed, without costs.

The uncontroverted testimony of plaintiffs medical expert that plaintiff will require a future knee replacement was not speculative in nature and was properly permitted even though the expert did not state that opinion through use of the phrase "reasonable degree of medical certainty” (Matott v Ward, 48 NY2d 455). Nor do we find the award excessive where as a result of…