DESIR v. SBURLATI

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The damages awards for past and future pain and suffering do not deviate materially from what would be reasonable compensation ( see Johnston v Joyce, 192 AD2d 1124).

Further, the award of punitive damages was supported by sufficient evidence since the defendant's conviction of assault in the second degree arising out of the same events as those alleged in this action established the defendant's civil liability for damages for recklessly causing the plaintiff Joel Desir's injuries ( see O'Sullivan v Kim, 29 AD3d 656; Bazazian v Logatto, 299 AD2d 433; see also Allstate Ins. Co. v Zuk, 78 NY2d 41; D'Arata v New York Cent. Mut. Fire Ins. Co., 76 NY2d 659).

The defendant's remaining contention is without merit.