Sylvester v. New York City Transit Authority

— In an action to recover damages for personal injuries, the defendant appeals from so much of judgment of the Supreme Court, Kings County (Hutcherson, J.), entered November 6, 1989, as awarded the plaintiff the principal sum of $350,000 for past and future pain and suffering. The plaintiff cross-appeals from so much of the judgment as failed to award him damages for lost earnings.

Ordered that the judgment is reversed insofar as appealed from, on the facts and as an exercise of discretion, and a new trial is granted on the issue of damages for past and future pain and suffering only, unless…