DePasquale v. Klenetsky

—In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Arniotes, J.), entered December 23, 1997, which, upon a jury verdict finding him 70% at fault in the happening of the accident and awarding $50,000 for future pain and suffering and $20,000 for past pain and suffering, and, after a retrial on the issue of damages for past pain and suffering only in which the jury awarded him $100,000 for past pain and suffering, is in favor of the plaintiff in the reduced principal sum of $105,000.

Ordered that the judgment is…