& P.D., an infant by his mother and natural guardian, Tynecca Velez, et al., Plaintiffs–Respondents–Appellants, v. Francois LaCour–Gayet, M.D., Defendant, Montefiore Medical Center, Defendant–Appellant–Respondent.  Index No. (2021)

E

Case No.2020–03680

Wilson Elser Moskowitz Edelman & Dicker, LLP, White Plains (Alan Friedberg of counsel), for appellant-respondent.

Jonah Grossman, Jamaica (Lawrence B. Lame of counsel), for respondents-appellants.

Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered on or about May 8, 2020, which granted defendant Montefiore Medical Center's motion to set aside the verdict awarding plaintiff $1 million for past pain and suffering and $1 million over 41 years for future pain and suffering to the extent of ordering a new trial on damages unless plaintiff stipulated to a reduction of the awards for past and future pain and suffering to $150,000 and $450,000, respectively, unanimously modified, on the facts, to further reduce the award for future pain and suffering to $100,000, and otherwise affirmed, without costs.

The award for future pain and suffering deviates materially from what would be reasonable compensation (see CPLR 5501[c] ).

In view of this finding, we need not reach the remaining arguments.

M–1329 – P.D., an infant by his mother and natural guardian, Tynecca Velez v Francois LaCour- Gayet, M.D.

Motion to strike Points A–N of plaintiff's reply brief as improper surreply granted.