Algerio v. Caribbean Air Conditioning

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Whelan, J.), dated August 13, 2010, which denied their motion pursuant to CPLR 4404 (a) to set aside, as contrary to the weight of the evidence and as inadequate, the jury verdict on the issue of damages in the principal sums of $50,000 for past pain and suffering, $0 for future pain and suffering, and $0 for loss of services, and for a new trial on those elements of damages.

Ordered that the order is modified, on the facts and in the exercise of discretion, by…