Bright v. New York City Transit Authority

—Order, Supreme Court, New York County (William O’Brien, III, J.), entered February 13, 2000, which granted plaintiffs’ motion for a new trial on damages for past and future pain and suffering unless defendant stipulates to an award of $360,000 for past pain and suffering and $300,000 for future pain and suffering, unanimously affirmed, without costs.

The trial court’s decision to grant a new trial constituted a provident exercise of its discretion (see, Yalkut v City of New York, 162 AD2d 185, 188; Annunziata v Colasanti, 126 AD2d 75, 80). Given the ample and virtually uncontroverted evidence…