Clotter v. New York City Transit Authority

The 46-year-old plaintiff sustained a ruptured quadriceps tendon and a small avulsion fracture of her right patella requiring hospitalization and surgery. I agree with the majority that the award of damages for past and future pain and suffering is excessive. However, in my view, a substantial additional reduction of the award is warranted. The award must not “deviate[ ] materially from what would be reasonable compensation” (CPLR 5501 [c]) and plaintiffs who suffered similar or more severe injuries have been awarded substantially less (see e.g. Orellano v 29 E. 37th St. Realty Corp., 4 AD3d…