Rogovin v. Wasserman

Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered November 19, 2004, which granted defendant’s motion to the extent of setting aside the jury verdict as to future pain and suffering and ordering a new trial on all damages for pain and suffering unless plaintiff stipulated to reduce the award for future pain and suffering from $350,000 to $100,000, unanimously affirmed, without costs.

The trial court did not err in refusing to add plaintiffs prior treating dentist to the verdict sheet for the purpose of apportionment. Even if this Court were to amend defendant’s answer sua sponte…