Davis v. New York City Transit Authority

I vote to reverse the judgment

entered in favor of plaintiff and to remand the matter to the lower court for a new trial on the issue of damages. After considering the nature and consequences of the injuries sustained by plaintiff, it is my opinion that the awards for past pain and suffering and for future pain and suffering deviated materially from what would be reasonable compensation (see CPLR 5501 [c]; Lamuraglia v New York City Tr. Auth., 299 AD2d 321 [2002]).

Contrary to the majority’s position, it is my opinion that the *124lower court providently exercised its discretion in precluding the…