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--- N.Y.S.2d ----, 2009 WL 4911110 (N.Y.A.D. 1 Dept.), 2009 N.Y. Slip Op. 09538
(Cite as: 2009 WL 4911110 (N.Y.A.D. 1 Dept.))

Supreme Court, Appellate Division, First Department, New York.

Israel RAMOS, Plaintiff-Appellant,

The CITY OF NEW YORK, Defendant-Respondent,

Robert Murphy, et al., Defendants.

Dec. 22, 2009.

Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (John Hogrogian of counsel), for respondent.

SWEENY, J.P., CATTERSON, RENWICK, FREEDMAN, ABDUS-SALAAM, JJ.

*1 Order, Supreme Court, Bronx County (Kenneth L. Thompson Jr., J.), entered July 15, 2008, which granted defendant City's posttrial motion to set aside the verdict, unanimously reversed, on the law and the facts, without costs, the motion denied and the matter remanded for a new trial solely on the issue of damages, unless plaintiff, within 30 days after service of a copy of this order, stipulates to reduce the award of past pain and suffering from $2.5 million to $850,000 and the award of future pain and suffering from $ 1.5 million to $500,000 and to entry of judgment in accordance therewith.

Applying “the narrowly restricted level of appellate review governing ‘insufficiency-as-a-matter-of-law’ challenges” to jury verdicts (see Campbell v. City of Elmira, 84 N.Y.2d 505, 509-510 [1994] ), we find that the jury's verdict apportioning liability for plaintiff's injuries 40% to the City and 60% to Brian Morales was rationally supported by the evidence. Contrary to the City's contention, the jury could reasonably have concluded that the police officers continued their pursuit of the stolen vehicle driven by Morales after entering the Bronx River Parkway, thereby recklessly disregarding the safety of others (seeVehicle and Traffic Law § 1104[e]; see Fioriello v. Sasson, 255 A.D.2d 549 [1998],lv denied93 N.Y.2d 817 [1999] ). There was also sufficient evidence to support the jury's verdict that the police officers' conduct was a proximate cause of the accident and plaintiff's injuries. Contrary to the City's contention, it cannot be said as a matter of law that Morales's conduct was the sole, superseding cause of the accident (see Mercado v. Vega, 77 N.Y.2d 918, 919-920 [1991] ).

The jury's award of $2.5 million for past pain and suffering and $1.5 million for future pain and suffering over a period of 14 years deviates materially, to the extent indicated, from what is reasonable compensation for plaintiff's injuries to the left, nondominant hand, including severance of the left pinky finger (seeCPLR 5501[c]; Bradshaw v. 845 U.N. Ltd. Partnership, 2 AD3d 191 [2003];Cabezas v. City of New York, 303 A.D.2d 307 [2003] ).

N.Y.A.D. 1 Dept.,2009.

Ramos v. City of New York

--- N.Y.S.2d ----, 2009 WL 4911110 (N.Y.A.D. 1 Dept.), 2009 N.Y. Slip Op. 09538

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