BOYD v. MANHATTAN BRONX SURFACE TRANSIT OPERATING AUTHORITY (2006)

Judgment, Supreme Court, Bronx County (Edgar G. Walker, J.), entered June 8, 2005, after a jury trial, awarding plaintiff the principal sum of $450,000 for past and future pain and suffering, plus interest in the amount of $665.75, unanimously modified, on the law, the award of interest vacated and the matter remanded to the Clerk of Bronx County with directions to recompute interest at the rate of 3% per annum against both defendants, and otherwise affirmed, without costs.

 Taken as a whole, the court's charge to the jury met the appropriate standard that defendants were required to use reasonable care under all the circumstances in the maintenance of the bus (Bethel v. New York City Tr. Auth., 92 N.Y.2d 348, 681 N.Y.S.2d 201, 703 N.E.2d 1214 [1998];  Bell v. New York City Tr. Auth., 21 A.D.3d 299, 801 N.Y.S.2d 3 [2005], lv. dismissed 6 N.Y.3d 770, 811 N.Y.S.2d 333, 844 N.E.2d 788 [2006] ).

 To the extent that the judgment included interest at the rate of 9% instead of 3%, the matter should be remanded (Public Authorities Law § 1212 [6], § 1203-a[6];  Klos v. New York City Tr. Auth., 240 A.D.2d 635, 659 N.Y.S.2d 97 [1997], lv. dismissed 91 N.Y.2d 885, 668 N.Y.S.2d 556, 691 N.E.2d 628 [1998];  Miller v. Manhattan & Bronx Surface Tr. Operating Auth., 120 A.D.2d 471, 502 N.Y.S.2d 950 [1986] ).